Das grundfreiheitliche Gebot „Du sollst nicht diskriminieren“

Abstract

Using the example of the ECJ's decision on the German infrastructure use charge for passenger vehicles (C-591/17), the article addresses methodological questions of indirect discrimination in the context of the EU`s fundamental freedoms. In doing so, the question is raised whether the construction of the passenger vehicle use charge is – due to the controversy – a legal example of what can be described as a reversible figure. The central thesis is that this impression only arises due to a certain methodological perspective. The impression of a reversible figure can be dissolved as a mere illusion if one broadens the methodological perspective for the understanding of indirect discrimination. Figuratively speaking, one has to take a step back and not only focus on the discriminatory character of the vehicle use charge.