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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>When calculating compensation, and having regard to recital 12 of the Directive 2014/104/EU (the Directive on Private Enforcement), the payment of interest is an essential component of compensation to make good any damage sustained and is due from the moment the damage occurred until the moment compensation is paid, without prejudice to whether such interest is classified under national law as either compensatory interest or interest for late payment.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Following proof of the occurrence of damage (here: presumption because there was an increase in the gross and net prices of the trucks sold) – which corresponds to the overcharge – the court must, pursuant to Art. 17(1) of Directive 2014/104/EU and Art. 9(2) of Law No. 23/2018 of 5 June 2018, determine the quantum of damage by estimation.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>Where there are no comparable precedents in national case-law, it is appropriate to consider, by way of comparison, the decisions made by courts of other Member States of the European Union (EU) concerning the same trucks cartel, in particular those made by Spain’s Supreme Court in relation to the identical infringement and the same cartel. The latter decisions set compensation, on the basis of estimates by the court, at 5% of the sale price actually paid by the claimants for the trucks by way of an overcharge.</p> </ItemContent> </ListItem> </OrderedList></p>

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“Truck Cartel”

  • 期刊论文

  • 发表日期：

    2025年9月1日

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摘要

1.

When calculating compensation, and having regard to recital 12 of the Directive 2014/104/EU (the Directive on Private Enforcement), the payment of interest is an essential component of compensation to make good any damage sustained and is due from the moment the damage occurred until the moment compensation is paid, without prejudice to whether such interest is classified under national law as either compensatory interest or interest for late payment.

2.

Following proof of the occurrence of damage (here: presumption because there was an increase in the gross and net prices of the trucks sold) – which corresponds to the overcharge – the court must, pursuant to Art. 17(1) of Directive 2014/104/EU and Art. 9(2) of Law No. 23/2018 of 5 June 2018, determine the quantum of damage by estimation.

 3.

Where there are no comparable precedents in national case-law, it is appropriate to consider, by way of comparison, the decisions made by courts of other Member States of the European Union (EU) concerning the same trucks cartel, in particular those made by Spain’s Supreme Court in relation to the identical infringement and the same cartel. The latter decisions set compensation, on the basis of estimates by the court, at 5% of the sale price actually paid by the claimants for the trucks by way of an overcharge.