CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – SPAIN - PRIVATE ENFORCEMENT - PRESUMPTION OF HARM

Spain: The Audiencia Provincial of Valencia grants in second instance 5% compensation for damages in a follow-on action based on the European Commission Decision in the truck cartel case (CNH Industrial NV)

The Audiencia Provincial of Valencia has partially upheld a first instance judgment awarding damages equivalent to 5% of the purchase price of the truck (totalling 3,985 euros) and quashed the judgment just in respect of the interests, finding that they should have been added from the purchase date, instead of from the date on which the claim was filed. Before the first instance court, the claimant had sought damages amounting to 20.70% of the purchase price of the truck (17,358.46 euros) but the Juzgado Mercantil found (Comm. Court of Valencia nº 1, 23 April 2019, nº 344/2018, ES:JMV:2019:549) that the claimant’s expert report was not adequate to quantify the damages. In particular, the first instance court stated that the report lacked objectivity and that it was based on a

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Paloma Martínez-Lage Sobredo, Spain: The Audiencia Provincial of Valencia grants in second instance 5% compensation for damages in a follow-on action based on the European Commission Decision in the truck cartel case (CNH Industrial NV), 16 December 2019, Concurrences N° 1-2020, Art. N° 93414, pp. 191-193

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