Case law
CJEU ruling Scania C-251/22 P: the impact on compensation
By definitively dismissing the Swedish manufacturer’s appeal, the Court of Justice locked in proof of the infringement and reset limitation periods across the Union.
A timeline that works in hauliers favour
During the 2016 negotiations led by the European Commission, Scania refused to admit its part in the collusion on gross list prices and the delayed Euro 3 to Euro 6 emission technology. The Commission therefore severed its case and issued an individual decision on 27 September 2017.
The manufacturer brought an action for annulment before the General Court of the European Union in case T-799/17, then appealed to the Court of Justice. By its irrevocable ruling of 1 February 2024, the Court dismissed every ground raised.
That decision definitively confirms Scania’s continuous participation in the cartel from 1997 to 2011, the validity of the evidence of collusion, and the legal obligation to make good the harm caused to all buyers and lessees of vehicles over 6 tonnes.
|
Date |
Stage of the procedure |
|---|---|
|
2016 |
Refusal to settle during the European global agreement |
|
27 September 2017 |
Individual fine of EUR 880 million |
|
2022 |
Action dismissed by the General Court, case T-799/17 |
|
1 February 2024 |
Final CJEU ruling, case C-251/22 P |
|
2024 to 2029 |
Window for action open to victims |
How national courts apply the ruling
In France, article L. 481-1 of the Commercial Code makes compensation claims relating to Scania trucks, and by extension to the other brands in the cartel, fully admissible until 2028-2029. In the Netherlands the courts confirm the absolute suspensive effect of the appeal on all collective actions. In Germany, section 33h GWB secures the admissibility of fleet files until 2028.
See the Scania manufacturer file for eligible models, and our country-by-country comparison of deadlines.
How your claim is calculated
The original overcharge is only part of your claim. The decisive lever is the compounding of statutory late payment interest, accrued over twelve to twenty-eight years.
Worked example: for a Scania R420 Topline bought new in 2006 at EUR 115,000 net, the 15 % overcharge is EUR 17,250. With twenty years of interest at 4 % per year, the total claim reaches roughly EUR 37,775 for that single vehicle.
Eligibility check
Send us your invoices, lease agreements, registration documents or asset registers covering 1997 to 2014.
Audit and firm offer
Our lawyers and econometricians quantify your claim within four weeks.
Guided decision
You choose between a cash purchase of your claim within 30 days and litigation on a success-fee basis.
Payment released
The compensation is credited directly to your company bank account.
Frequently asked questions
The other files in the expertise centre
All the analyses in this section, plus the Legal expertise hub for the overview.
Assert your rights after the Scania ruling
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Or write directly to contact@truckcartelclaim.com