The Court of Justice of the EU in Luxembourg issued a very important judgment on October 28, which will allow transport companies from all countries to recover unjustly charged road tolls in Germany (MAUT).

According to the judgment of the ECJ in case C-321/19, the costs associated with the traffic police cannot be taken into account when calculating the tolls for the use of the trans-European road network by heavy goods vehicles.

The Court found that Directive 1999/62 imposes a precise and unconditional obligation on Member States that introduce or maintain tolls on the trans-European road network to set the level of those tolls, taking into account only infrastructure costs, namely the cost of construction, operation, maintenance and development of a specific toll infrastructure networks.

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Transport companies that paid road tolls in Germany in 2017-2020 can now demand their money back. There is little time due to the limitation period for pursuing this type of claims. 

We already have 100 companies

that entrusted us with the matter in 2013

However, you can join them for a 2017-2020 toll refund.

From the very beginning of our activity, we have been recognized as experts in legal assistance for companies in the TSL industry. The largest companies in Poland trust us, and the return means the opportunity for new investments to stand out from the market.

This is a chance to get money back wrongly paid.

Calendar of activities

The first requests for the return of tolls were submitted in 2013 by the law firm Iuridica on behalf of transport companies. Then a group of nearly 100 companies made the decision to fight for reimbursement of incorrectly calculated fees. The largest transport companies demand the return of several million euros.

2013

In Germany it is possible to fully reclaim the road tax paid by freight forwarders until 2011.

2014

BAG model proceedings by BGL conducted at first instance.

2017

BAG model proceedings by BGL conducted in the second instance.

2020

The first hearing before the ECJ Chamber and the opinion of the Advocate General, followed by the final judgment of the ECJ.

Q&A

Can we request a refund for 2013-2017?

In theory yes, but due to the statute of limitations of 3 years in Germany, the law firm Iuridica has decided to focus only on claims for the period 2017-2020.

We closed the company. If so, can we request a refund?

Yes, even though the business has been closed, you can still claim toll refunds.

What does the return request look like?

It is necessary to correctly document the payment of the tolls, provide invoices or other evidence that confirms the payment of the tolls. The application must meet the formal requirements and be submitted in German. We therefore recommend you employ professional representatives who provide professional and responsible service.

How much commission do you charge?

The remuneration is based on the amount requested on your behalf. Please contact us regarding this.

What return can we expect?

The percentage of fees that Germans should not have levied varied from year to year. According to our calculations, the actual amount that the carrier can claim back is approximately 7% of the toll paid.

How long does it take to make a decision?

The judgment of the Court of Justice confirms the 100% obligation to reimburse an improperly levied fee, but the actual reimbursement will take at least a few months.

Is a class action possible or must there be individual actions?

In this case, we do not expect a class action lawsuit. The obligation to reimburse part of the fees is obvious and therefore there is no need for a class action lawsuit. However, it is to be expected that Germany will not “help” with the payment of funds, so using a help from professionals in this area will certainly help you recover money effectively.

Should I be in a hurry to request a refund?

Yes, according to German law, the limitation period is 3 years. If you submit the application in 2020, you will also get money back for 2017.

Join over 100 companies

Get your

money back

As entrepreneurs, we know that every zloty counts in business. Thanks to his good investment, we can constantly develop and stand out from the competition. We recognize that the ability to reclaim some of the toll paid is an opportunity for many large and conscious companies to return the money wrongly paid.

Hundreds of companies in the TSL industry have trusted us in many international proceedings. As early as 2013, we showed great intuition and guided many companies through this precedent.

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International activities of our law firm

It’s worth trusting us. We have extensive experience in representing companies in the TSL sector before Polish and European authorities.