No lawsuit against Scheuer: despite 243 million euros in damages due to car toll
It's a bitter setback for taxpayers: no legal action against former Transport Minister Andreas Scheuer over the failed car toll. A prestige project of the CSU, which was stopped by the European Court of Justice in 2019 and cost the federal government a lot of money. The Federal Ministry of Transport has now announced that it will not take legal action against Scheuer.
The Ministry of Transport's decision is based on an expert opinion that advises against legal action for liability claims, as the chances of success are too low. The current Transport Minister Volker Wissing (FDP) had commissioned the analysis in order to clarify possible claims against his predecessor. It is now clear that Scheuer will not be taken to court, even though the car toll project has caused financial damage totalling a whopping 243 million euros.
However, the ministry emphasises that Scheuer remains politically responsible. A small consolation for the taxpayers who are left to foot the bill.
The car toll was supposed to be a project close to the CSU's heart, a flagship project that would change Germany. But the plan backfired. The European Court of Justice stopped the project because it would discriminate against foreign drivers. Scheuer, still in office at the time, immediately cancelled the contracts with the planned operators, who then demanded compensation. Arbitration proceedings resulted in the federal government having to pay 243 million euros.
Scheuer was also criticised for concluding the operator contracts at the end of 2018, even before final legal certainty had been established by the ECJ. A risky manoeuvre that cost the taxpayer dearly.
The expert opinion commissioned by the Ministry of Transport came to the conclusion that, although liability arising from an official relationship under public law could be considered, it also referred to the considerable litigation risk and the justified doubts about the enforceability of possible claims. The Ministry is therefore following the recommendation of the experts and is refraining from taking legal action against Scheuer.
Wissing had commissioned the expert opinion in order to examine whether liability claims against Scheuer exist and are enforceable in court. "We can't simply put the file aside with 243 million euros," said the FDP politician at the time. Scheuer therefore remains politically responsible, but legally unchallenged.
A bitter aftertaste remains. An expensive prestige project that ultimately only burdens the taxpayer.