Coal Energy Gas News

German Government’s €200bn Fund for Energy Costs Faces Constitutional Uncertainty

The German government’s €200bn Economic Stabilisation Fund (WSF), established last year to protect consumers from soaring energy costs, is now facing potential constitutional challenges following a landmark judgment by the country’s top court. The recent ruling has raised concerns about the fund’s legality and its implications, as it seems to challenge the government’s practice of reallocating emergency funds for other purposes.

While the court verdict did not explicitly reference the WSF, it has alarmed government officials, including Economy Minister Robert Habeck, who believes that the judgment’s sweeping language may impact all long-term funds established by the government. Chancellor Olaf Scholz’s spokesperson, Steffen Hebestreit, also expressed concerns about how the ruling could affect other special funds.

The WSF was initially created as an off-budget facility during the pandemic to assist companies like Lufthansa in surviving the lockdowns and health measures. However, amid Russia’s gas export reduction and the resultant energy crisis, the fund was repurposed to alleviate the burden on German businesses and consumers facing skyrocketing energy bills. It provided emergency price caps, subsidizing electricity at 40 cents per kilowatt hour and gas at 12 cents per kilowatt hour.

According to the Ministry of Economy, approximately €31.2 billion has been distributed from the WSF, with €11.2 billion allocated to the gas price brake and €11.6 billion to the electricity price brake. However, if the fund is deemed unconstitutional, consumers may face the risk of increased energy prices.

The ruling poses a challenge for the coalition government, which had relied on reallocating emergency funds to maneuver around German fiscal rules. The court’s decision against the allocation of €60 billion to a climate and transformation fund highlights the constitutional limits on government spending.

To address the €60 billion funding gap resulting from the court’s ruling, the ruling coalition parties, including the Social Democrats, Greens, and Free Democrats, are exploring various solutions. One potential option is retroactively declaring an emergency to temporarily suspend the debt brake for this year.

Although Economy Minister Habeck refrained from speculating on such a course of action, he emphasized that extraordinary external events, such as Russia’s war and disruption in gas supply, had necessitated exceptional measures. The coalition government will need to find alternative means to manage the funding gap while ensuring compliance with constitutional provisions.


1. What is the purpose of the Economic Stabilisation Fund (WSF)?

The WSF was established by the German government to assist companies and consumers, particularly during periods of economic instability, by providing subsidies and price caps for essential services like electricity and gas.

2. What triggered the potential constitutionality concerns regarding the WSF?

A recent ruling by Germany’s constitutional court called into question the government’s practice of reallocating emergency funds intended for one purpose to address other urgent needs. While the ruling did not directly target the WSF, it has raised concerns about the legality and implications for all long-term funds.

3. What are the potential consequences if the WSF is declared unconstitutional?

If the WSF is deemed unconstitutional, it may impact the availability of subsidies and price caps for energy consumers. The absence of the fund could result in higher gas, electricity, and district heating prices for German households and businesses.

4. How are the coalition parties addressing the funding gap caused by the court’s ruling?

The ruling coalition parties are actively seeking solutions to address the €60 billion funding shortfall. One proposal under consideration is the retroactive declaration of an emergency, which would allow for the temporary suspension of the debt brake, a constitutional provision limiting budget deficits.

5. What challenges does the ruling pose for the coalition government?

The ruling challenges the coalition government’s approach to circumventing constitutional fiscal rules. It highlights the need for alternative means to manage funding gaps while ensuring compliance with constitutional provisions, particularly in exceptional circumstances like the energy crisis and other external events.