Expert opinion - Despite "undisputed political responsibility" - Ministry of Transport not taking Scheuer to court over car tolls
The Federal Ministry of Transport is not taking legal action against former head of department Andreas Scheuer (CSU) over the consequential costs of the failed car toll. As the ministry announced on Thursday, it is following an expert opinion that advises against legal action due to possible liability claims.
Car toll: "Undisputed political responsibility of former Federal Minister Scheuer"
The independent experts came to the conclusion that liability arising from an official relationship under public law could be considered, the ministry explained. At the same time, however, they had pointed out "the very considerable litigation risk and the justified doubts about the enforceability of possible claims". The ministry is following the recommendation in order to prevent further damage to taxpayers. At the same time, it emphasized: "Irrespective of this, the undisputed political responsibility of former Federal Minister Scheuer remains."
The car toll - a prestige project of the CSU in the then federal government - was stopped as unlawful by the European Court of Justice (ECJ) in 2019. Scheuer was Minister of Transport at the time. As a result, the federal government had to pay 243 million euros in damages to the once intended operators. This was the result of an agreement following arbitration proceedings.
The current Minister of Transport, Volker Wissing (FDP), commissioned the expert opinion in July 2023 to examine whether liability claims against his predecessor Scheuer exist and can be enforced in court.
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- The Federal Government has chosen not to pursue legal action against Andreas Scheuer, former head of the Federal Ministry of Transport, due to potential liability claims related to the halted car toll project, as announced by the ministry itself.
- As a prestige project under the CSU in the previous federal government, the car toll was declared unlawful by the European Court of Justice in 2019, leading to the federal government paying compensations of 243 million euros to the initial operators.
- In response to concerns about potential liability claims against Scheuer, the current Minister of Transport, Volker Wissing (FDP), ordered an expert opinion in July 2023 to determine if such claims exist and can be enforced in court.
- The Federal Ministry of Transport is following an expert opinion advising against legal action against Scheuer due to the significant litigation risk and questions concerning the enforceability of potential claims.
Source: www.stern.de
