Volvo AB and DAF Trucks NV v RM
The limitation provisions of the Damages Directive apply to claims which were not time barred when it should have been implemented, and limitation cannot begin before the infringement has ended and the claimant knows of it.
Facts
RM, a Spanish company, bought trucks during the period of the trucks cartel. After the European Commission published a summary of its decision finding the cartel, RM sued Volvo and DAF for damages. The defendants argued that the claim was time barred under the Spanish one year limitation period, and that the provisions of the Damages Directive, which provide for a longer limitation period, did not apply because the infringement had ended before the Directive was adopted.
Legal principle
The Court of Justice held that the limitation provisions of the Damages Directive are substantive, and apply to actions for damages which, although relating to an infringement that ended before the Directive entered into force, were brought after the national implementing provisions came into force, provided that the limitation period applicable under the old rules had not expired by the deadline for implementing the Directive. The limitation period cannot begin to run before the infringement has ceased and the claimant knows, or can reasonably be expected to know, the information necessary to bring the action, which was generally the publication of the summary of the Commission's decision in the Official Journal.
Related cases on private enforcement and damages
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Devenish Nutrition Ltd v Sanofi-Aventis SA [2008] EWCA Civ 1086, [2009] Ch 390
- Inntrepreneur Pub Co v Crehan [2006] UKHL 38, [2007] 1 AC 333
- Kone AG v ÖBB-Infrastruktur AG Case C-557/12, EU:C:2014:1317
- Le Patourel v BT Group plc [2024] CAT 76
- Manfredi v Lloyd Adriatico Assicurazioni SpA Joined Cases C-295/04 to C-298/04, [2006] ECR I-6619
- Merricks v Mastercard Inc [2020] UKSC 51
- Provimi Ltd v Aventis Animal Nutrition SA [2003] EWHC 961 (Comm)
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