Judgment of the Court (Grand Chamber) of 22 October 2013 – European Commission v Federal Republic of Germany

(Case C-95/12) ¹

(Failure of a Member State to fulfil obligations – Judgment of the Court establishing a failure to fulfil obligations – National legislation providing for a blocking minority of 20% in respect of the adoption of certain decisions by the shareholders of Volkswagen AG)

Language of the case: German

Parties

Applicant: European Commission (represented by: E. Montaguti and G. Braun, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze, J. Schwarze, J. Möller and J. Kemper, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations – Failure to comply fully with the judgment of the Court of 23 October 2007 in Case C-112/05 Commission v Germany concerning the infringement of Article 56(1) EC – National legislation requiring, exceptionally, a majority of more than 80% for the adoption of certain decisions by the shareholders of Volkswagen AG, thereby enabling the Land of Lower Saxony, which holds 20% of those shares, to block those decisions – Calculation of penalties: payment of both a penalty payment and a lump sum

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders the European Commission to pay the costs.

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¹     OJ C 118, 21.4.2012.