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 appealing the dismissal to the European Court of Justice (ECJ), Case C-251/22.
The reasons for the appeal are still unknown. So far, it is only known that the appeal has been filed and the notice of appeal itself has not yet been published.
There is no direct impact on ongoing proceedings against other cartelists. In view of the overwhelming evidence and the admissions of the five other cartel members, Scania’s chances of prevailing in the appeal proceedings are negligible.
It is important, that the statute of limitations against Scania is now suspended. This means that after the conclusion of the appeal proceedings in 2023 or 2024, Scania will still be liable for damages for 5 years.
And this doesn’t apply for Scania trucks only, since the cartel members are jointly and severally liable. Each cartel participant can be held fully liable for eachpurchase (also from a competitor).