Statutory deadlines
Trucks cartel limitation: is there still time to act?
Thousands of hauliers abandon claims each year believing the deadlines have passed. The 2024 Scania ruling reset the clock in most member states.
The suspensive effect of judicial appeals
Article 10 of Directive 2014/104/EU provides that the limitation period cannot begin to run while the infringement continues and until the claimant has certain knowledge of the final decision finding it.
Five cartel members signed an administrative settlement in 2016. Scania challenged the decision before every European court. That systematic challenge suspended the final closure of the antitrust file at European level until the Court of Justice ruled.
The final dismissal of that appeal therefore triggered the starting point, or the renewal, of the five-year period in most national jurisdictions. See our analysis of ruling C-251/22 P.
|
Country |
Reference provision |
Period |
Final deadline for action |
|---|---|---|---|
|
France |
Art. L. 481-1 Commercial Code |
5 years |
2028 to 2029 |
|
Germany |
Section 33h GWB, Lkw-Kartell |
5 years after suspension |
2028 |
|
Netherlands |
Art. 3:310 Burgerlijk Wetboek |
5 years |
2028 to 2029 |
|
Spain |
Ley 15/2007 de Defensa de la Competencia |
5 years |
2028 |
Time elapsed has grown your claim
Contrary to a common assumption, waiting has not reduced the value of your claim: it has increased it considerably. Commercial courts apply compounding of statutory late payment interest from the date the truck was bought.
For a vehicle bought at EUR 100,000 net in 2004 with a 15 % overcharge, the claim was worth EUR 22,200 in 2014 after ten years of interest. In 2026, after twenty-two years, it reaches EUR 35,550. The passage of time has increased the recoverable amount by more than 60 %.
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.
Limitation can be interrupted in two ways: by assigning the claim to a funder, which takes effect immediately, or by issuing proceedings. Our teams qualify your documents and freeze the statutory deadlines before the competent courts.
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.
Stop the clock on your fleet today
Do not let the manufacturers benefit from limitation on compensation that is rightfully yours.
Or write directly to contact@truckcartelclaim.com