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The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)

On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain provisions of Directive 2014/104/EU (the “Directive”), namely Article 10 on limitation periods to claim damages and Article 17 on presumption and quantification of harm caused by a cartel. Significantly, the ECJ also provided clarification on when the limitation period for antitrust damage claims can be deemed to have started according to EU law (dies a quo). Temporal application of the Directive is governed by Articles 21 and 22. Article 21 states that Member States must implement the Directive by December 27, 2016; Article 22 states that (i) the “substantive provisions” of the Directive “do not apply retroactively” and (ii) the

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Authors

  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Rome)

Quotation

Enzo Marasà, Irene Picciano, Luca Russo, The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks), 22 June 2022, e-Competitions Preview, Art. N° 108699

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