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ECJ decision of 28.10.2020 (Case C-321/19) on the German toll

Dear Sir or Madam,

The European Court of Justice ruled on 28 October 2020 that the level of the German truck toll violates European law. According to the EU directive, only infrastructure costs may be included in the calculation of the toll for heavy goods vehicles.

However, the Federal Government has also taken into account costs for traffic police, although these do not constitute costs for the operation of the infrastructure. Accordingly, the German HGV toll is in any case contrary to European law to the extent that it was based on the costs of traffic police (ECJ, judgement of 28 October 2020, C-321/19).

Companies that have paid tolls can therefore now demand reimbursement from the federal government for the excess toll paid. They will probably be able to reclaim at least that part of the toll that was based on the costs of traffic police. According to the current state of knowledge, these amount to at least four percent of the toll paid. It is also possible that there may be further claims.

To enable you, as a DKV customer, to assert your claims in the best possible way, DKV recommends that you seek support from legal advice or an association.

In addition to the associations you are familiar with, the BGL association also offers a range of services for those who pay the German toll. The association supports them via an online portal to make their own claims. They can reach it via the following link – www.tollreclaim.com/
You will find other associations as possible contacts at the end of this blog.
Important: In order to assert your claims retroactively in the best possible way, legal deadlines must be observed, which may lead to a limitation period for your claim or parts of your claim. Some associations accept requests until 04.12.2020 to assert the reimbursement claims for 2017.

Your DKV EURO SERVICE

Other European associations have joined the support to examine the refund claim:
» AISÖ – Austrian International Road Transport Association
» AMÖ – Federal Association of Furniture Forwarding and Logistics
» BWVL – Federal Association of the Economy Transport and Logistics e.V.
» CESMAD Bohemia (Czech Republic)
» CESMAD Slovakia (Slovakia)
» DSLV – Federal Association of Freight Forwarding and Logistics
» Febetra – Royal Federation of Belgian Transporters & Logistics Service Providers (Belgium)
» TLN – Transport en Logistiek Nederland (Netherlands)
» UNTRR – Uniunea Nationala a Transportatorilor Rutieri din Romania (Romania)
» Various Polish associations

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