CSU prestige project
The federal government is examining a claim for recourse against Scheuer because of the car toll
The car toll was the prestige project of the then Transport Minister Andreas Schauer and his CSU. photo
© Lisa Ducret/dpa
The car toll pushed through by the CSU failed spectacularly – and cost taxpayers a whopping 243 million euros. The federal government is now examining claims for recourse against ex-transport minister Scheuer.
The Federal Ministry of Transport is examining claims for recourse against the former Minister of Transport in the event that the car toll failed Andreas Scheuer (CSU). A spokesman for Scheuer’s successor in office, Volker Wissing (FDP), said on Friday in Berlin in response to a question. However, it is not yet clear whether recourse claims will be asserted against Scheuer.
In the dispute over damages for the bursting of the car toll, there was an agreement on Wednesday. According to this, the federal government will pay 243 million euros to the companies actually intended to operate the toll. Wissing spoke of a “bitter” sum. He called the car toll a serious mistake. He regrets that the amount of damages is not available for investments.
The car toll – a prestige project of the CSU in the then federal government – was stopped in June 2019 by the European Court of Justice (ECJ) as illegal; at that time Scheuer was transport minister. The federal government terminated the contracts with the intended operators shortly after the verdict, and they initially demanded 560 million euros in damages. Scheuer rejected the company’s claim. Arbitration proceedings then followed
The Greens member of the Bundestag Anton Hofreiter therefore finds: “I see Mr. Scheuer directly personally responsible for the failure of the car toll and thus also for the upcoming payments,” he told the “Bild” newspaper. Scheuer must be held personally responsible. “One would also have to discuss greater personal financial liability, also in general in similar cases.”
Can (former) ministers be held liable?
As early as 2010, the Greens MP Bärbel Höhn asked the Bundestag in writing: Can members of the federal government be sued for damages? Höhn related her request specifically to the conclusion of public law contracts in the name of the Federal Republic and possible limits of a power of attorney. The answer at the time was: “The Federal Ministers Act does not contain any liability regulations for members of the federal government.”
Paragraph 839 of the Civil Code stipulates that a civil servant who intentionally or at least negligently breaches his official duty towards third parties must compensate them for the damage incurred. According to the scientific services of the Bundestag, this paragraph must be seen in connection with Article 34 of the Basic Law. Accordingly, liability is transferred to the state. In cases of intent or gross negligence, he then has the option of taking recourse against his official.
However, this possibility of the state requires a corresponding law or a contractual basis, wrote the scientific service. The Federal Ministers Act does not provide for such a possibility of recourse. On the other hand, other rules would apply to the criminal liability of public officials – but this would involve offenses such as corruption or coercion.
How does Scheuer see his responsibility?
Despite inquiries, the CSU leadership has so far not commented on the financial damage to taxpayers. Scheuer himself told the newspapers of the Bayern media group: “I can understand the displeasure. I take the criticism very seriously.” He probably annoys himself the most about the failed project.
Scheuer also emphasized that the car toll was “neither a CSU nor a Scheuer project”. “The Federal Government, the Bundestag, the Bundesrat and the Federal President passed the laws before my time as Federal Minister.” It was his duty to implement the law.