This document is an excerpt from the EUR-Lex website
Document 62012CA0095
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)
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)
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)
OJ C 367, 14.12.2013, p. 7–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the action; |
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2. |
Orders the European Commission to pay the costs. |