The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer)

This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. [1] The Advocate General's opinion had raised high expectations for the ECJ’s decision. However, the analysis shows that its general impact is rather small, and many questions still remain unanswered. I. Spanish Trucks cartel litigation The decision was issued following a request for a preliminary ruling brought by a Spanish court. [2] The claimants brought an action for damages against Daimler claiming that, as a consequence of its anticompetitive price-fixing, they suffered damage consisting of an overcharge on the vehicles purchased. In support of their claim, they

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Dr. Ann-Christin Richter, Dr. Asja Zorn, The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer), 16 February 2023, e-Competitions February 2023, Art. N° 112673

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