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- Title
First Rulings of the Spanish Supreme Court in the Trucks Damages Litigation.
- Authors
Brokelmann, Helmut
- Abstract
In 15 judgments delivered in June 2023, the Spanish Supreme Court has become the first in the EU to rule on damages claims following the European Commission’s Trucks decision. The Court upheld the rulings of various appeal courts which had granted judicially estimated damages of 5% of the purchase price to individual buyers of cartelised trucks. The Court basically applies the case-law of the CJEU to rule on the content and scope of the Commission’s Decision, legal standing, limitation periods, and the accrual of interest. However, the Court’s findings relating to the presumption of the loss and its causation, as well as the quantification and judicial estimation of the loss appear to deviate from the case-law of the CJEU.
- Subjects
EUROPEAN Commission; LEGAL judgments; DAMAGES (Law); TRUCKS; CONSUMERS; DAMAGE claims
- Publication
Wirtschaft und Wettbewerb, 2023, Issue 11, p590
- ISSN
0043-6151
- Publication type
Article