New Lawsuit Filed Against ESM Threatens Further Bailout Fund Delay

Just as we were complaining about lack of newsflow, here comes Germany, coincidentally just as Merkel comes back from vacation, with an update from Karlsruhe that the Constitutional court, which may reject the ESM as is in its September 12th decision, will likely be delayed even more following the filing of a brand new lawsuit challenging the constitutionality of the ESM.

From Handelsblatt, loosely google translated:

The Constitutional Court in Karlsruhe has received a further appeal against the euro rescue package, which could upset the timetable for the euro rescue. According to information from Reuters Online, a group of plaintiffs to the € critic Professor Markus Kerber has filed a constitutional complaint, including an emergency petition. The key message is: Since the last ten days at the European Court in Luxembourg, the complaint is similar to an Irish MPs to decide, the German judges would wait until the spoke on the matter higher court judgment. The original date expected for an announcement, the 12th September, at which they would decide on the fast track in terms of admissibility of ESM and Fiscal Pact was likely untenable.


The German Constitutional Court had just last month on the 12th September date as agreed. They argued that for a long time to fast-track decision-making so that, should the decision to endure. An opinion, the court could not be reached until now.


The decision of the Federal Constitutional Court is of crucial importance for the euro bailout policy. Without the consent of the judge can not pay Germany its financial share of the bailout ESM. This marks the beginning of the most important instrument on ice rescue. Since the middle of another bailout EFSF are almost exhausted, lacking the euro countries a tool to combat the crisis. The plans for the ECB bond purchases will depend on the start of the ESM. ECB chief Mario Draghi has linked its approval of bond purchases in mind that even the bailout buys bonds.