Lithuanian transport companies should act quickly after ECJ ruling

All transport companies that have paid transport tolls in Germany in the years 2017-2020 should be affected.

The background is the decision of the European Court of Justice of 28 October 2020 that the amount of the German transport toll violates European law. According to the EU directive 1999/62/EC , only infrastructure costs may be included in the calculation of the toll. However, costs for traffic police were also taken into account, although these do not represent costs for the operation of the infrastructure.

It is probable that all transport companies have paid too much transport toll in Germany in recent years. At least the toll share that was based on the costs for the traffic police could now be reclaimed by companies. According to current information, the claim is at least four percent of the toll paid. It is also possible that there may be claims in excess of this amount.

In order to suspend the limitation period for claims from 2017, companies must file a claim by 31 December 2020. Due to the strict limitation rules of the German Administrative Costs Act, claims arising in the years before 2017 are subject to a limitation period. Already at the end of 2020, claims arising in 2017 also become due unless measures are taken to suspend the statute of limitations. From 2021, claims can only be made for the years 2018-2021.

Sources:

• Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures
• ECJ, 28.10.2020 — C-321/19

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