ADVERTISEMENT
PITD raport EN

AdobeStock/ Pixavril

After years of setbacks, French hauliers finally beat the truck cartel

You can read this article in 5 minutes

In a landmark win after years of frustration, French hauliers have finally beaten the truck cartel, with a Bordeaux court ordering Daimler to pay over €7,700 per affected vehicle.

There is a person behind this text – not artificial intelligence. This material was entirely prepared by the editor, using their knowledge and experience.

For the first time in France, a commercial court has awarded compensation to victims of the European truck cartel. According to the law firm Lex-Port, the Bordeaux Commercial Court ruled in favour of transport companies it represents, ordering Daimler to pay more than €7,700 per eligible truck

Lex-Port announced the result in a LinkedIn statement describing it as the first private-action judgment in France condemning a manufacturer in the trucks cartel litigation.

Lex-Port said the ruling forms part of a “double victory”: besides the compensation order against Daimler, it also secured the first transfer of ongoing cases away from the Lyon Economic Activities Court (Tribunal des Activités Économiques de Lyon), where earlier judgments had tended to go against hauliers.

The Bordeaux decision matters for hundreds of companies that purchased trucks between 1997 and 2011, the period covered by the European Commission’s infringement decisions. In 2016, the Commission fined DAF, Daimler, MAN, Volvo/Renault and Iveco a total of €2.93 billion for coordinating prices and the timing of emissions-technology surcharges, while Scania, which contested the case, was fined €880.5 million in 2017; Scania’s appeal was definitively dismissed by the Court of Justice of the EU on 1 February 2024.

Lex-Port (a member of the Simon Avocats network) argues the French court’s ruling demonstrates that overcharge-related costs (often modelled around ~9%) can be recognised by French commercial courts; it credits economists at OCA Economics for the underpinning expert work and says it is now preparing new actions against Scania.

How other European courts have ruled on the truck cartel

While France has only now delivered its first favourable judgment for hauliers, several European jurisdictions have already built a track record, with widely differing outcomes.

Spain has been among the most receptive to transport-operator claims. In Cáceres, a court accepted a comparative market analysis in 2020 and found an overcharge of 16.35%, rejecting manufacturer arguments that hauliers could pass costs on to shippers or recover them via resale values. 

Earlier Spanish decisions ordered compensation at varying levels: in Pontevedra, Iveco was ordered to pay almost €40,000 to Kartín SL for three trucks (roughly 9% plus interest), while in Murcia, Volvo Group Spain was ordered to pay €128,757 for five vehicles (20.7% overcharge).

By contrast, German courts have so far taken a far more cautious approach. Although numerous claims have been filed, no publicly available information confirms any final compensation awards to hauliers. Many proceedings have been delayed or dismissed over procedural issues, and German judges continue to demand detailed proof of the exact overcharge per vehicle.

In Poland, hauliers represented by Iuridica have joined a collective action filed in the Netherlands, seeking to avoid perceived bias in courts of countries where the truck manufacturers are based. 

Collective proceedings are also under way in the United Kingdom, where the Road Haulage Association and UK Truck Claim actions have been certified by the Competition Appeal Tribunal, though the damages phase is still pending.

Compensation levels across Europe

Country Typical compensation per truck Example / source Judicial stance
France ≈ €7,700+ Lex-Port announcement on Bordeaux judgment First favourable French ruling in private actions; precedent-setting.
Spain €13k–€26k (9–20%) Pontevedra (Kartín SL), Murcia, Cáceres 16.35% Most favourable to hauliers; comparative analyses accepted.
Germany No public awards located Legal commentary Cautious approach; strict proof standards; outcomes pending.
Poland (via NL) Ongoing Iuridica collective action Strategy to use neutral venues; results not yet public.
United Kingdom Pending RHA & UK Truck Claim Procedurally advanced; damages yet to be determined.

Contributor: Agnieszka Kulikowska-Wielgus

Tags:

Also read