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The European Court of Justice Has Decided: The German Truck Toll Is Contrary to European Law

Related Lawyers: Dr. Ann-Christin Richter, Dr. Alex Petrasincu, Otis Gröne

On October 28, 2020, the European Court of Justice ruled that the level of the German truck toll violates European law (ECJ, ruling of October 28, 2020, C-321/19).

According to this ruling, the Federal Republic of Germany has taken the costs for the traffic police into account when determining the truck toll, although only costs for infrastructure are to be considered. Since, according to the ECJ, the traffic police carry out police activities within the scope of sovereign powers, the costs incurred by them cannot constitute costs for the operation of the infrastructure. The amount of the German truck toll thus calculated is therefore contrary to European law. Toll payers can now demand reimbursement. This applies in any case to payments made between 2017 and 2020. As the prescription period of claims arising in 2017 is already threatened by the end of 2020, measures to prevent it from becoming time-barred must be taken quickly.

In cooperation with the litigation financier eClaim, Hausfeld will enforce the reimbursement claims of companies. Any costs incurred will be borne by eClaim in return for a commission for success.

Further information can be found under:

www.tollreclaim.de

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