Germany does not have to change the VW law with his veto right for the state of Lower Saxony. The Federal Government has already fully implemented a Fruher EU judgment, wrote an influential reviewer of the European Court of Justice (ECJ) on Wednesday. He spoke surprisingly for refusing the action of the EU Commission. In this way, Germany was around the money pit requested by the EU authority of at least 63 million euros.
The real judgment is only following a few months. The report is considered as a preliminary decision, because the Court follows this as a rule, even if it is not binding. On the question of whether the blocking minority of Lower Saxony is violated for EU law, the appraiser does not do that. This is not a matter for the legal proceedings.
For years, the dispute has been blowing between Berlin and Brussel. The EU authority is the collection that the VW Law with the veto right for the state of Lower Saxony violated EU law. Brussel demands to abolish the special regime, which secures the federal state as a shareholder a right of opposition to important decisions. In 2007, the ECJ had decided after a first action of the European Commission, which VW law is changing EU law and migrate to Muses. It injured three reasons the freedom of capital transport in the EU: the federal government and country were able to ask two representatives in the Supervisory Board of VW, the voting rights of the shareholders were limited to 20 percent and the blocking minority was 20 instead of the otherwise in the stock of stock 25 percent.
The Federal Government then abolished the first two rules, but kept at the blocking minority, so that the European Commission complained again in 2012. The appraiser now strongers the jerking and writes: "Germany is fully fulfilled to the origin judgment of the 2007 Court of Justice."The court has only raised the combination of high tuning and blocking minority, but not the veto right in itself. He therefore share the interpretation of the 2007 judgment represented by the Federal Government.
The EU Commission is the blocking minority a mandrel in mind. In their opinion, she deters potential investors, hinders innovations and can lead to rising prices. Therefore, she clarified against EU law. Politicians and trade unions, on the other hand, to protect the car manufacturer for enemy investors and co-determination.
The judges can now reject the lawsuit in their final judgment – but they could also demand further changes or assess another book money. Such a penalty amount had to pay the Federal Republic – not VW -. Should ECJ Nevertheless, the ECJ Germany condemns and a penalty applies, the appraiser recommends lower daily rates than the EU Commission requires. The penalty calculated by the EU authority amounted to around 63 million euros until Wednesday – around 31.000 Euro per day since the 2007 judgment. The appraiser suggests a lower lump sum of around 8870 euros per day.