Lawyers from the parliament’s Research Services presented a 23-page report stating that Transport Minister Alexander Dobrindt’s plan would lead to an "indirect discrimination of EU citizens", according to Der Spiegel magazine.
Dobrindt wants to impose a motorway tax of up to €100 annually on drivers in Germany. However, German drivers would be able to reclaim the highway toll as a tax write-off, meaning only foreigners would pay.
Austria, which has its own motorway tolls, valid for everyone including Austrians and Germans, was among the first to complain about the German plans.
Up until now, there has been no toll at all on German motorways, among the most heavily frequented in Europe.
Austrian Infrastructure and Transport Minister Doris Bures criticized the German plan saying that it was against EU law.
She said if she was not able to find a solution with Dobrindt there would either be proceedings against Germany on violation of the EU treaty, or a case would be brought before the European Court.