The Toll Without a Risk Assessment

After the German car toll failed, the federal government had to pay the operators 243 million euros in damages. In 2023 the Federal Transport Ministry had lawyers examine whether it could make former minister Andreas Scheuer pay. Their opinion looked at how he had decided. He had signed the operator contracts at the end of 2018, noch bevor endgültige Rechtssicherheit beim EuGH bestand, before the European Court of Justice had given final legal certainty. The lawyers found: Es habe keine entsprechende Risikobewertung gegeben, there had been no corresponding risk assessment. A claim would still have needed gross negligence. Einfache Fahrlässigkeit dürfte daher, so das Gutachten, nicht ausreichen, simple negligence would probably not be enough. The burden of proof for gross negligence lay with the federal government. There were no signs of intent. Federal law also has no liability rule for ministers. In December 2023 the ministry decided not to sue. It added: Unabhängig davon bleibt es bei der unbestrittenen politischen Verantwortlichkeit von Bundesminister a.D. Scheuer. Regardless of this, the undisputed political responsibility of former minister Scheuer remains.

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