Shortly before the public hearings of the Bundestag’s Investigative Committee on the car toll began, the Federal Minister of Transport was appointed Andreas Scheuer (CSU) charged by an expert opinion. This report Southgerman newspaper and the mirror relying on the expertise of the Chatham law firm. According to this, the ministry “violated applicable procurement law in several ways”.
Public hearings begin
The plans for one Car toll go back to a central campaign promise of the CSU and were finally enshrined in the coalition agreement between Union and SPD. But last June the European Court of Justice (ECJ) overturned the project. The contracts between the federal government and the operator consortium had long since been signed – without those responsible in the ministry having waited for the ECJ ruling and thus the final legal certainty.
As a result, the contracts with the two operating companies Kapsch and CTS Eventim had to be canceled. The companies are now demanding compensation of 560 million euros – and Federal Minister of Transport Andreas Scheuer has to appear before an investigation committee of the Bundestag responsibility. Among other things, he wants to check whether the government is against this
Public procurement law or has violated budgetary law. Scheuer points out
“Not properly logged and recorded”
According to the new legal opinion, there is definitely something to be said about the allegations. According to the reports, the lawyers have doubts as to whether there should have been an award procedure at all and whether this procedure then also complied with all “current standards for ensuring effective price competition”. In addition, it was legally inadmissible that the Federal Ministry of Transport negotiated solely with the Kapsch consortium and CTS Eventim. Apparently, it says in the paper, not all discussions were properly recorded and kept on record.
The paper from the Chatham law firm is one of two reports that were prepared to award the toll orders. Another expertise comes according to the Süddeutsche Zeitung by the Hamburg law professor Ulrich Hufeld, who had examined the consequences of the toll on the federal budget. Accordingly, the lawyer from the Helmut Schmidt University stated in the paper that the necessary legal authorization was not available to collect the toll.
FDP wants to secure Andreas Scheuer’s cell phone
The FDP also wants to check these allegations with the help of the Minister of Transport’s official smartphone. “In contrast to Ursula von der Leyen, Andreas Scheuer is not allowed to destroy evidence
of cell phone data and especially text messages or disappeared and
give cleaned smartphones, “said the FDP chairman in the
Committee of Inquiry, Christian Jung, between two committee meetings. For the work of the
Panel it is therefore necessary that the
Ministry of Transport secure all relevant data and the smartphones
the management level in the ministry, it said. If the fuse
will not be carried out, they will be made through requests for evidence
The FDP wants to prevent another case of deleted ministerial SMS. For example, the Bundestag’s Investigative Committee can
Advisory affairs in the Ministry of Defense no longer rely on communications from those responsible. As it became known at the beginning of the week, today’s EU Commission President Ursula von der Leyen no longer has any cell phone data, as these have been irrevocably destroyed.