Ever since the truck cartel scandal broke and the compensation proceedings were launched, there have been constant rumours that it is not worth claiming compensation because there could be “consequences”. Despite the fact that in Germany in 2022 the cases are already at the point where 3 Supreme Court judgements have clearly upheld the truck… Read more 7 logical reasons why the truck manufacturers are neither in a position nor willing to sanction someone who brings a claim against them in the truck cartel case
The question is often asked: are state-owned companies, municipalities and their municipal enterprises as well as joint-stock companies, in contrast to private companies, legally obliged to initiate compensation proceedings against cartel truck manufacturers before the end of 2022, as the owners expect? Dr. Werner A. Meier, an expert at the law firm Marzillier, Dr Meier & Dr Guntner, helped… Read more State-owned companies, municipalities and public corporations – are they really obliged to claim damages from truck manufacturers?
In the Netherlands, our clients’ claims are in the third wave of plaintiffs. This allows us to follow the development of the case for the two groups of plaintiffs that will be tried before us and to prepare ourselves better. Our Dutch lawyers are therefore following the judgments of the Amsterdam court and evaluating what… Read more Judgment of the Amsterdam Court of 20.7.2022
On 01 August 2022, the ECJ clarified that refuse collection trucks and other special vehicles are to be included in the compensation under the truck cartel in the same way as other trucks. The Court thus followed the Advocate General’s Opinion (Case C-588/20, Landkreis Northeim) and rejected all objections raised by the cartelists. The truck makers wanted a declaration that… Read more European Court of Justice ruled: Special vehicles such as waste collection trucks are also subject to the truck cartel
Although truck manufacturers are extremely low-key (for understandable reasons) about the ongoing claims for damages by the truck cartel, in the background they have already had to reckon with the probably inevitable consequences. At least, this is indicated by the Mercedes Benz Group’s financial statements, in which it has already set aside a substantial reserve (more than 1 billion… Read more Mercedes has set aside reserves of more than €1 billion in preparation for litigation and legal risks
The explosion in costs and fuel prices that is taking place in Europe before our eyes is putting an extraordinary strain on truck operators, adding to the inevitable wage increases of recent years. It is safe to say that businesses have been unable to pass on these increased costs in full due to increasingly fierce market competition. Very few options are… Read more Only 4 months left to act for those who want to get compensation
Update: The motion for bias filed by Mercedes at the Dortmund Regional Court, Case No. 8 O 4/18 were dismissed. The Dortmund Regional Court was originally scheduled to pronounce a judgment against truck manufacturer Mercedes in an ongoing truck antitrust case in January 2022, but Mercedes wanted to use any means necessary to torpedo this in order to escape the threat of a conviction. Mercedes therefore felt compelled to resort… Read more Defeat for Mercedes. Motions to bias against the presiding judge rejected.
Counterparty’s procedural steps During the proceedings, DAF filed a motion to join the other truck manufacturers in the proceedings in respect of our claim. DAF has already made such a request, but this request has not yet been decided upon as the proceedings have been transferred to the District Court of Amsterdam. In contrast to… Read more DAF has filed a motion to join the other truck manufacturers in the proceedings in the Netherlands
The ECJ (Court of Justice of the European Union) has now confirmed that the limitation period only starts to run in 2017 (the year of publication of the Commission’s decision) and not already in 2016 (the year of the press release). ECJ held: “In those circumstances, it cannot reasonably be considered that in the present case, the elements necessary… Read more ECJ puts the plaintiffs in the Truck Cartel in an even more favourable position
After several years of uneventful waiting, recent developments in the RHA case have brought truck cartel compensation back to the spotlight in the UK. For those who may have missed the latest news, a ruling by the Competition Appeal Tribunal on 8 June 2022 has given the Road Haulage Association the right to pursue its collective action on behalf of hauliers… Read more Truck Cartel legal action – A comparison of cases in the UK and Germany
As we reported earlier, the European Commission imposed a fine of € 880 million on Scania in Truck Cartel case in 2017 after Scania, unlike the 5 other truck makers, did not cooperate in the investigation of the fraud. Scania’s claim against the European Commission was dismissed in its entirety on 02 February 2022, Case T-799/17. Scania has now taken the final option of… Read more Scania has filed an appeal
The (price-fixing) Truck Cartel lasted formally for 14 years from 17.01.1997 until 18.01.2011 and was only revealed to the public years later in 2014. The generally accepted view in the field is that damage can be detected up to the end of 2016, with some going further and predicting 2018 as the final date, but even the most conservative experts are betting… Read more The chronological history of the Truck Cartel
On 24th of February, the Advocate General made it clear in her decision that refuse trucks and other special purpose trucks should be considered just the same as general purpose trucks in the truck cartel compensation process. The early March published Opinion (Case C-588/20, Landkreis Northeim) details the facts and the legal reasons in 15 pages, while rejecting the truck manufacturers’ defence that these trucks with special construction… Read more Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensation
Invoices or leasing contracts (scan copy). Both purchase, hire purchase, leasing and long-term rental are eligible. It is important that the chassis number of the vehicle is listed on the documents. In the case of a leasing or hire agreement, the total amount, including the down payment, all monthly instalments and any residual value, must be clearly visible. Copy of the vehicle registration document (if available) Extract from the commercial register It… Read more Required documents for the Financing Agreement and the Sale of Claims
In many EU member states, it is no longer possible to claim compensation for truck cartel damages at court. Reason for that is, that although the EU requires legal harmonisation at a basic level (this means that the EU decision to pay compensation is, binding), but the calculation of the limitation periods (time-barring in other words) has been left to… Read more It’s still not late to get compensation at German Courts
From the outset, the whole procedure has only allowed companies based in the EU to claim compensation. From a legal point of view, this is an understandable limitation, as the European Commission’s resolution did not provide a stable legal basis for initiating proceedings outside the EU and investors were reluctant to take on this significantly higher risk. Understandable, but unfair from… Read more Good news for non-EU truck owners in truck cartel compensation case
As previously reported, Scania has tried to go its own way in the truck cartel process, unlike other truck manufacturers. In its 42-page ruling published on 2nd February 2022, the European Court clearly rejected this option. According to the European Commission’s investigation, the leading truck manufacturers DAF, Iveco, MAN, Mercedes (Daimler), Renault, Scania and Volvo operated an illegal cartel between 1997 and… Read more The European Court has dismissed Scania’s lawsuit and upheld the € 880 million fine
On 20th September 2021, our Dutch advocates (from law firm STEK)attended the formal hearing of the Amsterdam District Court. The court discussed a number of procedural issues that were important for the proceedings but also time-consuming. At this point we would like to point out two important facts on which an agreement has been reached: Our cases have landed in… Read more Status report truck cartel lawsuits in the Netherlands January 2022
On 23 September 2021, the Federal Court of Justice (BGH), Case No. KZR 35/19, ruled on fundamental liability and fully confirmed the legal opinion of the plaintiffs. There was not only an exchange of information, but – as emphasised in several sections – even a price cartel, i.e. a hard-core cartel, and thus the worst violation of competition, as also bindingly… Read more Status report truck cartel lawsuits in Germany, January 2022
Update 2: Defeat for Mercedes. Motions to bias against the presiding judge rejected. Update 1: According to information from the Dortmund District Court, no decision has yet been made on the bias applications as of 01 April 2022. The Dortmund District Court was supposed to deliver its verdict against truck manufacturer Daimler in January 2022 in the pending… Read more Is Mercedes grasping at straws? Motion of bias against the presiding judge.
In the second ruling on the Truck Cartel, BGH KZR 19/20, the Federal Court of Justice clarifies that the factual assumption also applies in the case of an indirect, third-party purchases. Because the legally independent wholesalers were involved in the distribution in a systematic and continuous manner, the defendants are denied the right to negate liability on the basis of this fact. The Federal Court of Justice took… Read more Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refund
With the decision of the 1st Cartel Senate of the Higher Regional Court of Frankfurt, 5 August 2021 *, another Higher Regional Court has now joined the plaintiff-friendly judicature in the Truck Cartel case. The decision deals with the subject matter of the dispute in great detail in 388 paragraphs and closely follows the decision of the Cartel Senate at the Federal… Read more Yet another Higher Regional Court decision in favour of the Truck Buyers
Following a change of the legal basis, there will be a partial refund of the German HGV toll. But be careful: this refund only covers a fraction of the actual claim! The offered process will reimburse the reduction for one year period only. With proper representation by a specialised law firm, a refund for 3 to 4 years can be obtained.… Read more Reimbursement of the HGV toll – apply for the full amount!
Now that three Federal Supreme Court (BGH) judgments have been delivered*, all of which are favourable to plaintiffs, the lower courts are called upon to determine the extent of damages. The Federal Supreme Court (BGH) strongly backed the proceedings in Munich by requesting a universal expert opinion on the entire range of purchases across all brands and across all years. In Munich, the… Read more Next milestone and time expectations
With regard to the statute of limitations in the truck cartel case, it should first be noted that the limitation periods have been suspended for a very long time due to the ongoing investigations. The process finally resulted in a penalty notice on 19 July 2016. Since there are still further suspensions, i.e. extensions of the deadlines, today, in… Read more Time-barring – a complex subject explained simply
The Scania case is special. While the other 5 cartel offenders fully confessed and admitted all offences, Scania is still resisting. A fine of 880 million euros was imposed on Scania. Scania had to pay this fine because the decision had been issued and was enforceable. That means that the money could have been enforced by seizure of accounts.Scania can only… Read more And what about Scania now?
The European Commission has imposed almost three billion euros in fines on 5 truck manufacturers in the largest cartel uncovered so far, the truck cartel, AT.39284. It is important to note that Daimler, MAN, Renault/Volvo, Iveco and DAF are jointly and severally liable, i.e. each cartel participant can be held fully liable for each purchase (i.e. also from a competitor). These cartelists have fully admitted their actions and admitted all… Read more The truck cartel case