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EUROPE

EU sues Germany over VW protection law

The European Commission decided Thursday to haul Germany before the top EU court for failing to scrap a law that protects auto giant Volkswagen from takeover bids.

EU sues Germany over VW protection law
Photo: DPA

The EU competition watchdog wants the court to impose fines on Germany for every day that it fails to cancel the law, which gives the administration or Land of Lower Saxony the power to block bids even though it is a minority shareholder in VW.

The commission said the German government had failed to abide by a previous ruling by the European Court of Justice in 2007 which found that the law gave “unjustified special rights” to public authorities.

“Since Germany has failed to take all the necessary measures to fully comply with the Court’s judgement, the Commission has now decided to bring the case before the Court again,” the EU’s executive arm said in a statement.

The commission argued that the law discourages investment and is unfair to other European Union nations.

Brussels said it would ask the court to impose a fine of around €31,000 per day from the date of the 2007 ruling until Germany complies with the original judgment.

Once the EU judges issue a second ruling, the commission said it wants the court to impose a fine of €282,725 per day until Germany fully respects EU rules.

A 1960 law on the privatisation of Volkswagen gave German public authorities special powers in the company, with a 20 percent blocking minority going to the north-western region of Lower Saxony, VW’s home base.

The historic legislation transformed the company, whose German name means “the people’s car” and was founded under the Nazi regime.

After the 2007 court ruling, Germany abolished provisions in the law that gave public authorities representation on the board and a 20 percent voting cap but the commission said Berlin had failed to remove Lower Saxony’s

blocking rights.

“VW is a private company and as such, tailored treatment for one specific shareholder is not appropriate,” said Chantal Hughes, a commission spokeswoman.

Brussels launched negotiations with the German authorities in a bid to reach an amicable agreement but Berlin — bent on protecting jobs in the region — put an end to the talks this year.

“The VW law also allows for potentially inappropriate politic interference in business activities. This can deter investors and is not just hypothetical,” Hugues said.

She added: “It is an issue of fair and equal treatment with other countries in the European Union.”

AFP/jcw

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BUSINESS

French court hands Amazon €90,000-per-day fine over contracts

French authorities on Wednesday slapped a €90,000-per-day fine on e-commerce giant Amazon until it removes abusive clauses in its contracts with businesses using its platform to sell their goods.

French court hands Amazon €90,000-per-day fine over contracts

The anti-fraud Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) service said the online sales giant’s contracts with third-party sellers who use its Amazon.fr website contain “unbalanced” clauses.

“The company Amazon Services Europe did not comply completely with an injunction it was served and it is now subject to a fine of €90,000 per day of delay” in applying the changes, the DGCCRF said in a statement.

It also urged the platform to conform with European rules on equity and transparency for firms using online platforms.

Amazon said the order would harm consumers.

“The changes imposed by the DGCCRF will stop us from effectively protecting consumers and permit bad actors to set excessive prices or spam our clients with commercial offers,” the e-commerce giant said in a statement.

“We will comply with the DGCCRF’s decision but we absolutely do not understand it and we are challenging it in court,” responded the e-commerce giant in a statement.

Amazon said the clauses that the DGCCRF has ordered removed had, for example “prevented the appearance of exorbitant prices for mask and hydroalcoholic gel during the pandemic”.

In 2019, Amazon was fined €4 million for “manifestly unbalanced” contract clauses with third-party sellers on its site in a case brought by the DGCCRF.

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