November 28
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Emilija Berzanskaite
28th October 2021
Competition & State Aid

AG Rantos Opinion clarifies the temporal scope of the Competition Damages Directive in the context of the Spanish truck cartel case 

Advocate General Rantos concluded in his Opinion in Volvo and DAF Trucks (C-267/20) that the five-year limitation period to bring actions for damages and the presumption of harm under the Competition Damages Directive (‘Directive 2014/104/EU’) are both substantive provisions and thus cannot apply retroactively to cases originating before the national measures transposing the Directive entered into force.

The request for a preliminary ruling originates from the action for competition damages brought on 18 April 2018 by a purchaser of trucks against AB Volvo and DAF Trucks (‘defendants’), following the Commission’s Decision of 2016 fining a number of truck manufacturers for participating in a trucks cartel (AT.39824 – Trucks). 


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