Summary:

The German truck toll has crashed before the European Court of Justice (ECJ). The German federal government has to face repayments to freight forwarders.

On 28 October 2020, the European Court of Justice (ECJ) overturned the applicable truck toll rates in Germany. On this basis, it is possible to pursue claims for reimbursement of part of unduly paid tolls on trucks.

Germany was required to reimburse an amount corresponding to 3.8% or 6% of the unjustly paid toll, including the maintenance costs of the traffic police. Pursuant to Directive 1999/62 of 17 June 1999 on the levying of charges for the use of certain types of infrastructure by heavy goods vehicles, the toll could only take into account various elements related to maintenance and development of a given road infrastructure network (e.g. infrastructure costs, construction, operation costs), but could not include the maintenance costs of the traffic police.

How do you get money back?

Entrepreneurs can independently submit an application for a toll refund at the Federal Office for Goods Transport (BAG). However, as the procedure is rather formal, we recommend to verify the documents first and apply for a refund of overpaid amounts. Also keep in mind that a fee for a reimbursement request should also be paid.

When is the deadline for submitting claims?

Claims for reimbursement of fees expire after three years. Currently it is no longer possible to claim for reimbursement of fees paid before 30 June 2018.

Bird & Bird law firm have extensive experience in providing legal assistance with German truck toll recovery formalities and procedures.  If you need any assistance, please contact us.

Authors:

Barbara Klimczyk, Associate, Employment law practice at Bird & Bird
Bartosz Mazurek, Junior Associate, Employment law practice at Bird & Bird