CELEX: 62012CA0095
Language: en
Date: 2013-10-22 00:00:00
Title: Case C-95/12: Judgment of the Court (Grand Chamber) of 22 October 2013 — European Commission v Federal Republic of Germany (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)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/7
            
         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)
   2013/C 367/10
   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.
            
         
      (1)  OJ C 118, 21.4.2012.