CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN – FOLLOW-ON ACTION – PRINCIPLE OF CONFORMING INTERPRETATION – ESTIMATION OF HARM

Spain: The Commercial Court of Valencia grants damages in a follow-on claim based on the decision of the European Commission in the truck cartel case (Mr. Octavio / MAN España)

In one of the first rulings in Spain awarding damages based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a judgment of 20 February 2019 of a Commercial Court in Valencia (Juzgado de lo Mercantil nº 3 de Valencia) found in favor of the claimant, an individual buyer of one truck, partially awarding the damages he claimed against MAN España, the Spanish subsidiary of the MAN Group. The Court awarded 4,057 euros, equivalent to 5% of the purchase price of the truck, while the claimant had sought damages amounting to 14,314.90 euros, as resulting from its expert report. To determine the particular amount of the damages awarded, the Court had recourse to the power of national courts, established in Article 17(1) of the Damages Directive (Directive

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Paloma Martínez-Lage Sobredo, Spain: The Commercial Court of Valencia grants damages in a follow-on claim based on the decision of the European Commission in the truck cartel case (Mr. Octavio / MAN España), 20 February 2019, Concurrences Review N° 2-2019, Art. N° 90512, pp. 200-202

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