Litigation
Car toll: The federal government is not suing former Transport Minister Scheuer
Former Transport Minister Andreas Scheuer was criticized for the failed car toll. photo
© Lisa Ducret/dpa
The car toll was a prestige project of the CSU and failed spectacularly. The state was left with a bill worth millions – but the minister at the time is not facing any legal consequences as a result.
The Federal Ministry of Transport has decided not to take legal action against the former department head Andreas Scheuer (CSU) because of the millions in follow-up costs of the failed car toll. As the ministry announced, it is following a report that ultimately advises against legal action due to liability claims – essentially because the chances of success are too low.
Today’s minister Volker Wissing (FDP) commissioned the analysis to clarify possible claims against his predecessor. At the same time, the ministry emphasized that “the undisputed political responsibility of former Federal Minister Scheuer remains”.
The federal government had to pay 243 million euros to operators
The car toll – a prestige project of the CSU in the federal government – was stopped as illegal by the European Court of Justice (ECJ) in 2019. The central sticking point was that only domestic drivers should receive full vehicle tax relief for the toll. Scheuer was transport minister at the time. Shortly after the verdict, he terminated the contracts with the intended operators, who then demanded compensation. An agreement after arbitration proceedings resulted in the federal government having to pay them 243 million euros. There was also criticism that Scheuer had concluded the operator contracts at the end of 2018 before there was final legal certainty at the ECJ.
As the ministry explained, the independent experts came to the conclusion that liability arising from an official relationship under public law could be considered. At the same time, however, they pointed out “the very significant litigation risk and the reasonable doubts about the enforceability of possible claims.” You should therefore follow the expert’s recommendation, which advises against filing a lawsuit – also to prevent further damage to the taxpayer.
Law firm report: lawsuit would have little chance of success
The 70-page report from a Berlin law firm specializing in public procurement law states: “In view of the legal hurdles and uncertainties, a lawsuit against former Federal Minister Scheuer would have little chance of success.” This particularly concerns the question of the legal basis for a liability claim and whether the allegation of grossly negligent breach of duty can be sustained.
The federal government cannot rely on official liability for a minister, as this is only the basis for claims by a third party against the employer. The claim asserted by the operators against the federal government due to the termination of the toll contracts was based on contractual provisions, not on a culpable breach of official duty. In general, there is no provision for liability for ministers in the Federal Ministers Act or elsewhere.
The best chance of success would be to assert a liability claim against Scheuer for breach of duty arising from his official relationship with the federal government. The experts explained that there was no evidence of intentional injury. And an accusation of gross negligence is fraught with considerable uncertainty, among other things because of difficulties in providing evidence.
Wissing commissioned the report in July to examine whether liability claims against Scheuer exist and can be enforced in court. “We cannot simply put the file aside at 243 million euros,” said the FDP politician at the time. He made it clear that the report should clarify whether recourse was possible in the specific case or not. Ultimately, this is not a political question. Damage was caused. However, further requirements would have to be met for legal responsibility to exist.