The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Grauzementkartell II)

Introduction: The tolling of the statute of limitations for cartel damages claims. According to former Section 33 Para. 5 of the German Act against Restraints of Competition (hereinafter Section 33(5)) the statute of limitations with respect to private cartel damages claims is tolled if a national competition authority of an EU member state or the European Commission has initiated a proceeding with respect to the anticompetitive conduct in question. [1] It has been much disputed whether the tolling effect applies to cartel damages claims that arose prior to Section 33(5)’s entry-into-force on 1 July 2005, with German lower courts diverging in that regard. [2] In contrast to some other appellate courts, the Higher Regional Court in Karlsruhe ruled against the application of the statute

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Manuel Knebelsberger, The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Grauzementkartell II), 12 June 2018, e-Competitions June 2018, Art. N° 96458

Visites 22

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues