Up-to-Date Overview: The Latest Developments in German Toll Refunds (Toll-Collect) as of April 2024

On March 20, 2024, the Administrative Court in Cologne reached a pivotal decision in a landmark case, confirming that toll rates charged between 2016 and 2020 were erroneous. The court determined that toll overpayments amounted to 5.86% for the years 2016 to 2018, and 4.44% for 2019 to 2020. Furthermore, claimants were awarded interest at… Read more Up-to-Date Overview: The Latest Developments in German Toll Refunds (Toll-Collect) as of April 2024

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Deutsche Bahn vs DAF – another successful settlement in the truck cartel dispute

Deutsche Bahn (DB), the German railway operator, and DAF, the Dutch truck maker, have agreed to end their legal battle over the truck cartel scandal. The two companies have reached a settlement on the compensation that DAF will pay to DB for the harm caused by the cartel. DB, one of the largest purchasers of… Read more Deutsche Bahn vs DAF – another successful settlement in the truck cartel dispute

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EU Court Upholds €880 Million Fine Against Scania for Truck Cartel Involvement

In a significant decision, the European Union’s Court of Justice has rejected an appeal by Scania, the Swedish truck manufacturer, against a substantial fine of over €880 million. The fine was imposed due to Scania’s involvement in truck cartels, where companies collude to manipulate the market. Scania had raised objections, alleging bias in the court… Read more EU Court Upholds €880 Million Fine Against Scania for Truck Cartel Involvement

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Navigating the Road Ahead: Updates on the Truck Cartel Case in the Netherlands

Initially, expectations were high for a decision in October regarding the first batch of claimants in the Amsterdam court. This decision was anticipated to set the tone for subsequent claim batches, including the 3rd batch to which your claims belong. However, things took an unexpected turn. The court handling the 2nd batch decided to ask… Read more Navigating the Road Ahead: Updates on the Truck Cartel Case in the Netherlands

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Truck Cartel, AT.39824 Update 

All parties presented their arguments in court, and currently experts are reviewing them. Three positive decisions favour the plaintiff, confirming damages in leasing and purchases. In October, the Federal Court of Justice will hear more appeals, but the plaintiff-friendly direction is clear. Most lawsuits (over 260,000 truck damages) are pending in Munich. Claim StatusMultiple lawsuits… Read more Truck Cartel, AT.39824 Update 

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Up-to-Date Overview: The Latest Developments in German Toll Refunds (Toll-Collect) as of July 2023

Currently, all administrative proceedings are in the “Ruhendstellung” phase, which means they are awaiting the decision of the Cologne Administrative Court in the pivotal “model” case concerning the application of the Wegekostengutachten 2013 and 2018. This decision will have a significant impact on the cases in question. Based on the responses received from BAG/BLM and… Read more Up-to-Date Overview: The Latest Developments in German Toll Refunds (Toll-Collect) as of July 2023

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6 logical reasons why truck manufacturers
will not sanction companies seeking
compensation in the truck cartel case

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”. We often hear that “we do not want to claim compensation because we are afraid that our good relationship with the truck dealer will be… Read more 6 logical reasons why truck manufacturers
will not sanction companies seeking
compensation in the truck cartel case

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Cartelists have already set aside provisions of more than €2.5 billion

Eindhoven-based DAF Trucks reached a settlement worth €550 million in Q1 of this year with transport companies who overpaid for their trucks as a result of illegal price fixing. Paccar, which has owned DAF Trucks since 1996, made a $600 million provision to compensate transporters who filed damage claims due to the prohibited price agreements… Read more Cartelists have already set aside provisions of more than €2.5 billion

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Waberer’s out of court settlement in cartel case

Transport and logistics company Waberer´s has resolved on 03.04.2023 one of the ongoing truck cartel cases through an out-of-court settlement with one of the HGV manufacturers involved. The company had initiated a compensation procedure at the Munich court in 2016 and the case had been ongoing for over 7 years.

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UK Court urges for simplified approach when calculating damages

The Uk Court cautions that although they received thousands of pages of detailed expert reports on all the issues, there were certain subsidiary issues, such as Complements and Loss of Volume, where there was disproportionate time and money spent on complicated analyses that were less justified. This increases the overall costs of the proceedings and… Read more UK Court urges for simplified approach when calculating damages

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Main issues related to expert testimony (Truck Cartel)

As we previously informed you, The Royal Mail Group and the BT  have brought a follow-on claim against companies in the DAF Group for engaging in illegal price fixing.  The Competition Appeal Tribunal is currently grappling with numerous issues related to expert testimony to make a ruling, as they highlighted in their broad outline: “(1) Causation… Read more Main issues related to expert testimony (Truck Cartel)

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Royal Mail and BT awarded over £17.5 million in damages against DAF Trucks

The UK Competition Appeal Tribunal recently awarded Royal Mail and BT approximately £17.5 million in damages from DAF Trucks for the Trucks cartel scandal, which is the UK’s first successful follow-on damages claim in the long-running Trucks cartel scandal. The Tribunal’s decision comes after 14 years long investigation which revealed that MAN, Volvo/Renault, Daimler (Mercedes-Benz), Iveco and… Read more Royal Mail and BT awarded over £17.5 million in damages against DAF Trucks

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Report on Truck Cartel February 2023

Truck Cartel, AT.39824 All parties have presented their arguments in court. The first results of the court-commissioned expert opinion have been presented and all quantum experts will review and send their statements by the end of May. Favourable Court Decisions There have been already 3 favourable decisions made. This is also unreservedly positive for the… Read more Report on Truck Cartel February 2023

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State-owned companies, municipalities and public corporations – are they really obliged to claim damages from truck manufacturers?

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?

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European Court of Justice ruled: Special vehicles such as waste collection trucks are also subject to the truck cartel

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

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Mercedes has set aside reserves of more than €1 billion in preparation for litigation and legal risks

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

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Only 4 months left to act for those who want to get compensation

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

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Defeat for Mercedes. Motions to bias against the presiding judge rejected.

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.

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DAF has filed a motion to join the other truck manufacturers in the proceedings in the Netherlands

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

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ECJ puts the plaintiffs in the Truck Cartel in an even more favourable position

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

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Scania has filed an appeal

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

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Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensation

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

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It’s still not late to get compensation at German Courts

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

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Good news for non-EU truck owners in truck cartel compensation case

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

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The European Court has dismissed Scania’s lawsuit and upheld the € 880 million fine 

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 

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Status report truck cartel lawsuits in the Netherlands January 2022

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

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Status report truck cartel lawsuits in Germany, 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

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Is Mercedes grasping at straws? Motion of bias against the presiding judge.

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.

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Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refund

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

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Yet another Higher Regional Court decision in favour of the Truck Buyers

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

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Reimbursement of the HGV toll – apply for the full amount!

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!

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Next milestone and time expectations

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

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And what about Scania now?

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?

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The truck cartel case

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

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