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)  OJ C 118, 21.4.2012.