Major case against German toll management

The Transport Association Camion Pro eV filed a petition against Toll Collect GmbH, the operator of the German toll system, for alleged abuse of its dominant market position.

The Camion Pro eV transport association filed a petition against Toll Collect GmbH, the operator of the German toll system, for alleged abuse of its dominant market position.

The Federal Republic of Germany has the toll on lorries miscalculated by including the costs of the highway police in the cost of road infrastructure, which was contrary to EU rules. This issue was assessed by the Court of Justice of the European Union following a case by a Polish carrier who tried to recover overpaid tolls.

With the aim of securing a claim, the Berlin Court has planned a hearing at 26 February this year. Camion Pro eV emphasises that if the court issues an interim order, Toll Collect will face a heavy trial and possible millions in damages.

A total of 15,000 transport operators, including 480 from the Netherlands, claims for illegally levied truck toll. These are tolls paid too much at a later date than the refunds claimed by Camion Pro members.

According to the information provided by the law firm, the total toll paid by the above companies between January 2017 and September 2021 is €7.5 billion, of which € 330 million illegally charged traffic police charges. This amount is to be added to the statutory interest rate.

The outcome of this legal battle will not only have a major financial impact on Toll Collect and the German government, but can also have wider implications for future toll systems and the enforcement of EU rules on road transport. It is clear that this issue will remain an important focus in the transport sector in Europe in the coming months and possibly years.