21 Dec If you bought a truck between 1997 and 2011 you probably paid more for it than you should

On April 6, 2017 the European Commission published the decision in which it was agreed to sanction the truck cartel created by MAN, Volvo / Renault, Daimler, Iveco or DAF, between 1997 and 2011.

As a consequence of the cartel, all truck buyers of these brands suffered an artificial extra cost, created by the brands to increase their margins.

In particular, the trucks affected are the medium trucks – between 6 and 16 tons and the heavy trucks – more than 16 tons.

The Spanish legal system established mechanisms for affected buyers to file such claim. Specifically, Royal Decree-Law 9/2017, of May 26, transposes, among others, Directive 2014/104 / EU of the European Union on the exercise of damages actions for infringements of competition law.

Going into practical considerations, what surcharge have I paid as a result of the manufacturers’ cartel?

It can be said that approximately between 15% and 20%. The prices of these trucks range between € 60,000 and € 180,000, which is an average of € 120,000, this in terms of recovery estimated between 15% and 20%, would mean an estimated average recovery per customer of € 25,000, that as we say it is about approximate costs and that it should be analyzed case by case.

These amounts include not only the surcharge, but also the legal interests from the purchase and, where appropriate, the costs for the introduction of technologies on emissions required by European regulations, which in their case would have been unduly passed on to the buyer.

What documentation is necessary to begin the claim?

Two fundamental aspects have to be demonstrated: firstly, the purchase of the vehicle: date, amounts and all the conditions of the same, or failing that, if we were not owners of the corresponding leasing, and secondly, that it is a truck that enters among those affected by surcharge, weight and transporter use of the truck. It will be necessary to present the registration certificate of each vehicle object of the claim and the transport authorization of the claimant’s company.

Is it necessary to continue being the owner of the vehicle?

Obviously not It is not necessary that said vehicles remain the property of the claimant, that is, that said vehicles may have been written off or transferred to a third party, etc. The requirement is that the claimant was the one who acquired the vehicle.

How do I know exactly the extra cost suffered?

In Navarro Llima Abogados we can offer a joint assessment, taking care to provide the corresponding expert and comprehensive report for each case. In addition, it is usually essential at the time of filing the claim as there is proof of the economic damage suffered.

How long do I have to submit the claim?

Until April 6, 2018. That day will be one year after the official and definitive publication of the European Commission Decision for the investigation of the cartel to brands. It is assumed that the claimant on the day of the official publication, April 6, 2017, was when they became aware of the claim, which is subject to a period of 1 year.

The brands have been arguing that the deadline would begin on July 19, 2016, as it is the date of a provisional publication. But since it was neither definitive nor contained all the elements of the final decision on affected trucks, the damage suffered, etc.

If you bought a truck between 1997 and 2011 of the brands MAN, Volvo / Renault, Daimler, Iveco or DAF, you must know that he paid more for the due and that he can recover part of the investment. Do not hesitate to contact the team of Navarro Llima Abogados for more information.

Héctor González

Lawyer