The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks)

In its latest decision regarding the Trucks cartel [1] the European Court of Justice (“ECJ“) once again clarified statute of limitation issues. Although the decision primarily dealt with the temporal applicability of the 2014 EU Damages Directive, [2] it draws important implications for the interpretation of national limitation laws in cartel damage cases. Specifically, the ECJ confirmed its position taken in its 2019 Cogeco decision, [3] and further strengthened the rights of the claimants. The court clarified that once the Commission’s (summary) decision was published in the Official Journal injured parties could reasonably be expected to recognize the circumstances giving rise to liability, meaning that – without proof of prior specific knowledge – limitation periods will only start at

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Ann-Christin Richter, Dr. Asja Zorn, The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks), 24 August 2022, e-Competitions September 2022, Art. N° 108434

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