作者：Michael McAleer
来源：爱尔兰时报（THE IRISH TIMES）
原文标题：Irish hauliers and councils may seek €200m damages against truck makers
导读
7月31日，据爱尔兰时报报道，欧盟最高法院——欧洲法院（European Court of Justice）近日首次对欧盟“卡车卡特尔案”后继诉讼作出裁定，认为受卡特尔行为影响的间接购买者可在任何欧盟成员国提起损害赔偿诉讼。此前，一家匈牙利上诉法院曾因不确定对匈牙利物流公司Tibor-Trans诉DAF卡车公司案（针对卡车卡特尔案的后继诉讼）是否拥有管辖权而将案件移送欧洲法院。6月，欧盟委员会曾对包括DAF、戴姆勒在内的主要卡车制造商的卡特尔行为开出38亿欧元的创纪录反垄断罚单。欧洲法院作出此项裁定之后，卡车卡特尔案涉案企业将可能面临在欧盟成员国的其他损害赔偿后继诉讼。据悉，仅在爱尔兰，索赔金额即可能超过2亿欧元。
Thousands of Irish truck owners who bought vehicles between 1997 and may begin compensation action through the Irish courts against manufacturers after a decision this week by the European Court of Justice (ECJ).
One industry source suggested the claims inIrelandcould amount to more than €200 million, depending on how many of the hauliers are still in business.
Hauliers, local authorities and semi-state companies are among groups that may seek damages in Irish courts against Europe’s biggest truck manufacturers over alleged anti-competitive practices.
The claims follow a determination by theEuropean Commissionin July , that several major truck manufacturers – MAN, VolvoRenault,Daimler,Ivecoand DAF – had broken EU anti-trust laws. An investigation by the commission later ruled that Scania also broke EU antitrust rules.
Record fines totalling €3.8 billion were imposed on the companies. MAN avoided a fine because the company had revealed the existence of the cartel to the commission.
An estimated 40,000 vehicles from these manufacturers were registered in the Republic between January 1997 and the end of , the period during which the commission says the price-fixing cartel was in operation.
The ECJ ruling this week specified that a case taken by an Hungarian logistics company, Tibor-Trans, against DAF Trucks, could be heard inHungary, even though the price-fixing meetings happened inGermanyand vehicles were purchased through an intermediary.
Collusion
An Hungarian court of appeal had submitted the case to the EU’s top court as it was uncertain of jurisdiction for the lawsuit. The finding means that Tibor-Trans can take its case in Hungary and, according to legal sources, it should result in Irish cases for damages being heard in courts here as well.
The EU commission said its investigation, which began in , found the truck makers had colluded for 14 years on pricing and passing on the costs of compliance with stricter emission rules to their customers.
It said it found the manufacturers had co-ordinated prices at a gross level for medium and heavy trucks in the European Economic Area and passed on to buyers the costs of emission technologies required to comply with strict European emission standards.
As a result of the investigation’s findings, dozens of Irish hauliers, represented by Paul McGarry SC, Roderick Maguire, and solicitor Evan O’Dwyer, have taken separate actions for damages to theHigh Courtover alleged breach of Irish and EU competition laws.
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近期热文
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向华为、中兴低价供应芯片，高通遭欧盟罚款2.42亿欧元
“去产能”补偿合同违反反垄断法，法院判决合同无效
选材：营青
编辑：马媛
审核：杜广普
