Q & A on the Truck ReClaim process

Until when is it possible to register for Truck ReClaim?


Registration with Truck ReClaim is possible until the end of August 2024. The required data on the trucks must be provided after registration by the end of August. Overall, it is necessary to act quickly, as the statute of limitations for the first claims against Scania threatens to expire in just a few months.

How promising is a procedure? What experience is there?


In recent years, a large number of truck customers have already filed claims for damages against the cartel members. However, the vast majority of these proceedings have not yet been concluded, as the preparation of economic expert reports in particular takes a lot of time. In addition, the truck cartel members are using every conceivable means to defend themselves against any obligation to pay compensation. Only a few large settlements have been reached so far.

However, initial decisions by the Federal Court of Justice and other courts on the truck cartel confirm that customers of trucks caught up in the cartel are entitled to significant damages. This is also confirmed by decisions from other EU member states, such as Spain and the UK.

It is also known from the market that some truck manufacturers have already settled with certain customers and paid compensation.

It is difficult to predict whether and to what extent a claim for damages can actually be realized. However, compensation of between five and fifteen percent of the purchase value, i.e. several thousand euros per truck plus interest, is realistic.

Why can Scania still be used?


Claims for damages against most truck manufacturers are probably already time-barred.

However, claims for damages can still be asserted against Scania - even claims for trucks from other manufacturers such as MAN, Daimler, Volvo/Renault, DAF or Iveco.

This is because the limitation period for claims against Scania did not run as long as Scania was appealing against the European Commission's decision to impose a fine. While the other truck manufacturers accepted the fine decision, Scania was the only manufacturer to appeal against it. Now that Scania's participation in the cartel has been legally established, the tide is turning. This is because during Scania's proceedings before the European Courts against the fine decision, the limitation period for claims for damages against Scania did not continue to run, but was suspended. And on the other hand, Scania (and the Volkswagen Group behind it) is jointly and severally liable for all other cartel members - this means that Scania must pay for the entire damage incurred, even if it involves trucks from other manufacturers.

In concrete terms, this means that although claims against the other cartel members may already be time-barred, all claims against Scania can still be asserted today - regardless of whether they relate to Scania trucks or MAN, Daimler, Volvo/Renault, DAF or Iveco trucks.

Who is part of the Truck ReClaim team?


The project is being carried out by the registered debt collection service provider JurisDynamics GmbH ("Truck ReClaim"), which is not only coordinating the project with modern IT (so-called legal tech) and specialized expertise, but will also act as the plaintiff. With the help of a renowned egal service provider, Truck ReClaim is in a position to bear the enormous costs of such complex proceedings. Even in the event of a defeat, Truck ReClaim bears all court, legal and expert costs. Of course, this also applies to any claims for reimbursement of costs by the other party.

The proceedings are being handled by Hausfeld and Kapellmann, lawyers specializing in antitrust law and experienced in truck cartel matters. Hausfeld is one of, if not the leading law firm in the field of asserting cartel damages claims. The renowned JUVE publishing house named Hausfeld Law Firm of the Year for Litigation in 2019 and Law Firm of the Year for Antitrust Law in 2022. In addition, Global Competition Review lists Hausfeld as the only law firm in Europe specializing in the representation of injured parties as an "elite firm" in the field of antitrust law. Kapellmann is also a very renowned law firm that already represents clients in lawsuits against the truck cartel.

The renowned competition economist Prof. Dr. Inderst, who is also very experienced in the truck cartel, and his team are responsible for the economic assessment of the trucks claimed.

Truck ReClaim's approach is supported by the BGL, which has thoroughly examined the offer, and other European associations.

What does it all cost?


Nothing. Truck ReClaim works on the basis of a success commission. This means that you only have to provide the company with the information and documents relating to your trucks and assign your claims. Truck ReClaim takes care of everything else. Truck ReClaim only receives a success commission of 33 percent if the claim is successful. Discounts are available for members of certain forwarding and logistics associations.

Can trucks be registered that have already been claimed elsewhere?


No. If trucks have been registered for enforcement with another legal service provider, whether in Germany or abroad, these trucks cannot be registered again. The same applies if a separate action has already been brought against the truck cartel for these trucks.

What advantages does Truck ReClaim have over individual claims with a lawyer?


If you instruct a lawyer, you generally have to pay them yourself and also bear the risk of legal costs (court and expert costs and costs of the other party). Truck ReClaim assumes all costs and you benefit directly from the extensive experience of the entire team. By bundling a large number of claims in suitable groups, Truck ReClaim increases the pressure to settle and can negotiate with the cartelists on an equal footing. Last but not least, Truck ReClaim takes the hassle and excitement out of your own litigation. Truck ReClaim keeps you - as far as possible - out of the proceedings so that you can take care of your actual business in peace.

Can rented trucks be registered?


No, only purchased or leased trucks can be registered. However, a so-called installment plan also counts as a purchase. Trucks acquired by way of installment plan can therefore be registered.

Can only trucks of the Scania brand be registered?


No. It is true that we will primarily assert claims against Scania. However, Scania is liable for all cartel members (so-called joint and several liability). You can therefore register all trucks of the MAN, Daimler, Volvo/Renault, DAF and Iveco brands.

Which trucks are accepted?


Trucks that meet the following criteria can be registered:

• Brand: MAN, Daimler, Volvo/Renault, DAF, Iveco and Scania

• Type of procurement: purchase, installment plan and leasing (no rented trucks)

• Period : Procured between January 17, 1997 and December 31, 2016

• Use: Only newly procured trucks and trucks used by the company itself or within its group of companies

• Weight : Medium-duty trucks (6 to 16 tons) and heavy-duty trucks over 16 tons can be registered

Is such bundling of claims permitted in Germany?


As a duly registered debt collection service provider, Truck ReClaim is entitled to enforce the claims assigned to it. Accordingly, the Federal Court of Justice has now clarified in several decisions that a bundled and litigation-financed assertion of claims by a collection service provider represented by a lawyer is permissible (so-called class action collection).

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