Truck Cartel legal action – A comparison of cases in the UK and Germany

Published May 1, 2022

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 to recover damages from the Truck Cartel.

Many details will need to be clarified in the coming days, but it is already clear that while the decision is an overall success for the RHA, the court has also imposed some limitations. The judgement states for example that trucks purchased or leased outside the UK are excluded from the proceedings.

Dr. Werner A. Meier of the law firm Marzillier, Dr. Meier & Dr. Guntner (Munich, Germany) summarises the key facts that British truck owners need to know if they decide to start / pursue follow-on-proceedings in Germany rather than doing so locally.

The issue of the statute of limitations is governed by German substantive law. Accordingly, no absolute statute of limitations has yet occurred.
In plain words, new trucks purchased / leased between 2007 and 2016 are still entitled to compensation.
Owners of trucks purchased / leased within EU*/EEA**/Switzerland und UK can claim their compensation in German courts.
Even though the process against Scania is still pending (see our latest update here), buyers of each of the 7 truck brands: DAF, Iveco, MAN, Mercedes, Renault, Scania, Volvo can now legally claim compensation.
An important development is the jurisprudence of the German Federal Court of Justice, which in its ruling of 23.09.2020 fully confirmed the basic liability of the cartelists and the legal position of the plaintiffs. Also important: in a recent ruling, the Higher Regional Court of Frankfurt am Main did not allow an appeal to the Federal Supreme Court. This is a clear indication that the fundamental liability issues in the truck cartel case have now been clarified and that the regional courts can now work through the cases on the basis of firm guidelines.
Damage assessment: German law provides for the possibility of estimation. This can make things much easier.
When claiming at German Court the risk of inadmissibility is eliminated.
As opposed to class actions (so-called SPV-s) which are widespread in the United Kingdom, individual lawsuits filed in German courts create an unparalleled level of transparency. Each plaintiff receives from the court (specifically for him or her) a precise assessment of damages, broken down to the eurocent, and the start of the interest run.
The German courts are already well advanced with the damage assessment, a process which began as early as 2019.

* EU countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

** EEA member countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

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Recent developments

Cartelists have already set aside provisions of more than €2.5 billionMay 8, 2023
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… Read more Cartelists have already set aside provisions of more than €2.5 billion
Waberer’s out of court settlement in cartel caseApril 7, 2023
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… Read more Waberer’s out of court settlement in cartel case
UK Court urges for simplified approach when calculating damagesMarch 22, 2023
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… Read more UK Court urges for simplified approach when calculating damages
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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… Read more Royal Mail and BT awarded over £17.5 million in damages against DAF Trucks
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State-owned companies, municipalities and public corporations – are they really obliged to claim damages from truck manufacturers?August 8, 2022
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… Read more State-owned companies, municipalities and public corporations – are they really obliged to claim damages from truck manufacturers?
Judgment of the Amsterdam Court of 20.7.2022August 7, 2022
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… Read more Judgment of the Amsterdam Court of 20.7.2022
European Court of Justice ruled: Special vehicles such as waste collection trucks are also subject to the truck cartelAugust 4, 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… Read more European Court of Justice ruled: Special vehicles such as waste collection trucks are also subject to the truck cartel
Mercedes has set aside reserves of more than €1 billion in preparation for litigation and legal risksJuly 22, 2022
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… Read more Mercedes has set aside reserves of more than €1 billion in preparation for litigation and legal risks
Only 4 months left to act for those who want to get compensationJuly 20, 2022
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… Read more Only 4 months left to act for those who want to get compensation
Defeat for Mercedes. Motions to bias against the presiding judge rejected.July 17, 2022
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ECJ puts the plaintiffs in the Truck Cartel in an even more favourable positionJuly 4, 2022
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Truck Cartel legal action – A comparison of cases in the UK and GermanyMay 1, 2022
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… Read more Truck Cartel legal action – A comparison of cases in the UK and Germany
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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… Read more Scania has filed an appeal
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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… Read more The chronological history of the Truck Cartel
Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensationMarch 16, 2022
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,… Read more Latest decision: waste collection trucks and other special purpose trucks are also entitled for compensation
Required documents for the Financing Agreement and the Sale of ClaimsFebruary 21, 2022
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Good news for non-EU truck owners in truck cartel compensation caseFebruary 4, 2022
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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… 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 Germany, January 2022January 28, 2022
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Is Mercedes grasping at straws? Motion of bias against the presiding judge.December 6, 2021
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Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refundDecember 3, 2021
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… Read more Was the truck purchased new directly or via a wholesale company – in both cases there is a claim to the refund
Yet another Higher Regional Court decision in favour of the Truck BuyersNovember 22, 2021
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… Read more Yet another Higher Regional Court decision in favour of the Truck Buyers
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Next milestone and time expectationsNovember 20, 2021
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… Read more Next milestone and time expectations
Time-barring – a complex subject explained simplyOctober 27, 2021
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… Read more Time-barring – a complex subject explained simply
And what about Scania now?October 1, 2021
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… Read more And what about Scania now?
The truck cartel caseSeptember 17, 2021
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Recent developments

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Ask our experts!