Current state of Toll-collect refunds in Germany


The Cologne Administrative Court has made an order* with the subject matter of the dispute: The plaintiff is seeking a partial repayment of tolls for the years 2016-2020, citing a decision of the ECJ on tolls for the years 2010/2011.

The date for the hearing is set for 28 February 2023. It will be heard before the Cologne Administrative Court regarding the costs of traffic police.

We have reason to hope that, following the ECJ ruling, reimbursement will also be made for periods up to 27 October 2020. For the period thereafter, this has already been settled in your favour anyway.

Since June 2022, the Federal Logistics and Mobility Office (BAG) has been making payments to claimants due to the statutory tariff reduction. But limited capacities cause unavoidable delays, as many tens of thousands of companies have submitted reimbursement applications.

We currently assume that these reimbursements will be completed by the end of 2023.

For the period 28 October 2020 to 30 September 2021, the tolls have already been reduced by the legislator in order to implement the ECJ ruling. For the period until 27 October 2020, a judicial clarification will still be obtained, which will involve approx. 7% of the amounts paid.

Recently, the Münster Higher Administrative Court (OVG) ruled*** that further amounts did not comply with European law either. This will be approx. 5% of the amounts paid.

In addition, we will claim back the excessive interest that was assessed as financing costs, which could amount to about 20% of the amounts paid.

In total, therefore, the prospects for reimbursement of a good 30% of the payments are intact.

*in the proceedings 14 K 6556/20, C. ./. Bundesamt für Güterverkehr
** period from 28 October 2020 to 30 September 2021
*** Case No. 9 A 118/16

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