The European Court of Justice (ECJ) reached a disappointing decision for Germany’s coalition government on Tuesday, when it ruled that their proposed motorway toll infringes EU law.

Germany's planned autobahn toll violates EU law

The CSU had planned to impose a new toll on both foreign and domestic cars driving on Germany’s autobahns, based upon fuel type, engine power and emission standard, up to a maximum of 130 euros. The problem with the proposal, however, was the coalition’s plan to completely refund any levies paid by domestic drivers by knocking the toll amount off their motor vehicle tax bill.

In ruling that this discriminates against EU foreigners, the ECJ ultimately sided with Germany’s neighbour Austria, whose government had recently submitted a complaint against the proposed levy. The appeal, supported by another neighbour, the Netherlands, argued that the toll would put an unfair burden on Austrian, Dutch and other foreign EU drivers travelling through Germany. Their suggestion that this violated the principle of free movement of goods and services within the EU was upheld by the ECJ.

Dispute over motorway tolls in German government

The verdict came as something of a surprise, as the ECJ Advocate General had recommended that the lawsuit be thrown out at the beginning of the year. Nevertheless, the ruling means that the introduction of the toll according to the current model is not possible. Germany will now have to return to the drawing board, another delay in what has already been a protracted dispute.

Laws regarding car tolls were enacted as far back as 2015, but still, have yet to be applied. The issue over whether residents of Germany would have to pay tolls has proven to be a major sticking point, with Angela Merkel anxious not go back on a promise made in a 2013 TV debate: “There will be no car toll with me.” It was hoped that by reducing taxes, the burden of levies could be alleviated for German nationals. Now, they will have to find another way around.