Sunday

13th Jun 2021

ECB overstepped its mandate, German top court says

  • The German Constitutional Court for the first time in its history referred a verdict to the EU top court (Photo: Al Fed)

Germany's Federal Constitutional Court on Friday (7 February) for the first time in its history referred a case to the EU's top judges - with the final ruling key to the future stability of the eurozone.

The case concerns the European Central Bank's (ECB's) controversial bond-buying proposal, a not-yet activated scheme announced in September 2012, which is largely considered to be the main reason why the euro-crisis has stabilised.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

The German court said that the bank overstepped its mandate when promising to buy as many government bonds as necessary to stabilise the euro, known as Outright Monetary Transactions (OMT).

“Subject to the interpretation by the Court of Justice of the European Union, the Federal Constitutional Court considers the OMT Decision incompatible with primary law,” the Karlsruhe-based court said in a statement.

It added, however, that a different ruling could be issued by the ECJ, "if the OMT decision could be interpreted as in conformity with primary law."

The German judges argue that the ECB overstepped its mandate because it promised to engage in what can be considered government financing, even if the bonds would not bought directly from the governments, but from traders.

According to EU law, the ECB is forbidden to directly fund governments.

But, if the OMT scheme was applied "restrictively" with a series of caveats - particularly that bond purchases are "limited" - it could be deemed legal, the German court said.

The case had been brought to the Karlsruhe court by the German Central Bank (Bundesbank), who opposed the scheme from the very beginning.

“The ECB takes note of the announcement made today by the German constitutional court,” the ECB said in a statement.

“The ECB reiterates that the OMT programme falls within its mandate,” it added.

A similar statement was made by the European Commission, where a spokesman on Friday said the EU executive is "confident" that the OMT is legal.

The parts of the constitutional challenge referring to Germany's participation in the eurozone bailout fund (ESM) will be ruled upon on 18 March.

As for the OMT final ruling, Karlsruhe will wait until the ECJ pronounces its verdict - a process which could take up to 16 months.

"It does not happen a lot that the German Constitutional Court passes sensitive decisions on to the European level," ING Bank's chief economist Carsten Brzeski said in an emailed statement.

"Today’s announcement therefore could either be a sign that the Court has reached its legal limits on European issues or that the issue is so tricky and touchy that it is better to pass it on," he added.

While the "fear factor" that Karlsruhe may repel OMT has been "clearly reduced," Brzeski warned that it is "not a given" that the ECJ will rubber-stamp the scheme.

The euro fell slightly on the news against the US dollar, the British pound and the Swiss franc.

German top court to rule on whether ECB can buy bonds

Germany's constitutional court is expected to rule this spring on the legality of the European Central Bank's bond purchases, a scheme that has eased the eurozone crisis by calming markets.

Banking union faces legal challenge in Germany

Germany's constitutional court is once again to be a testing ground for the eurozone's reponse to the financial crisis as a group of academics has filed a case arguing that the banking union is illegal.

News in Brief

  1. EU top court fast-tracks rule-of-law case to October
  2. Hungary's Fidesz wants to ban LGBTIQ content for under-18s
  3. MEPs join EU citizens on farm-animal cage ban
  4. Council of Europe urges Russia to release Navalny 'immediately'
  5. China's anti-sanctions law alarms EU businesses
  6. Airlines seek to water down EU passengers' rights
  7. EU leaders join call for further probe into Covid origins
  8. Liberal MEPs under fire over Babiš abstention

Vietnam jails journalist critical of EU trade deal

A journalist who had demanded the EU postpone its trade deal with Vietnam until human rights improved has been sentenced to 15 years in jail. The EU Commission says it first needs to conduct a detailed analysis before responding.

Stakeholders' Highlights

  1. Nordic Council of MinistersNineteen demands by Nordic young people to save biodiversity
  2. Nordic Council of MinistersSustainable public procurement is an effective way to achieve global goals
  3. Nordic Council of MinistersNordic Council enters into formal relations with European Parliament
  4. Nordic Council of MinistersWomen more active in violent extremist circles than first assumed
  5. Nordic Council of MinistersDigitalisation can help us pick up the green pace
  6. Nordic Council of MinistersCOVID19 is a wake-up call in the fight against antibiotic resistance

Latest News

  1. EU urges Poland to step back from 'legal primacy' clash
  2. Pressure builds on EU to back WTO vaccine-patent waiver
  3. EU anti-fraud agency cracked down on fake pandemic supplies
  4. MEP office expenses kept secret on dubious evidence
  5. What the EU public think of EU pesticide regulation
  6. MEPs set to take EU Commission to court on rule-of-law
  7. EU takes legal action against Germany on bonds ruling
  8. MEPs demand new EU biodiversity law by next year

Join EUobserver

Support quality EU news

Join us