Procurements 2003–2014, procedural routes and examples after success fee deduction.
Which truck procurements can generally be relevant?+
Relevant are medium and heavy trucks from 6 t that were bought, leased or financed between 01.01.2003 and 31.12.2014. The factsheet names the involved manufacturers as MAN, Mercedes-Benz (Daimler), DAF, Iveco, Volvo/Renault Trucks and Scania. Whether a claim exists depends on the specific vehicles, documents and legal review.
Do I have to still own the trucks today?+
No. Current ownership is not required; what matters is that the procurement falls within the relevant period. Trucks already sold, returned or paid off can also be reviewed if the procurement can be sufficiently documented.
Which procurement years are currently considered?+
The initial intake covers procurements from 01.01.2003 to 31.12.2014. The years 2012–2014 are examined separately as possible follow-on years. Inclusion does not yet confirm a claim or financing.
Which deadlines apply to the procurement years?+
According to the current assessment, in particular the 2003 vintage is likely actionable until 31.12.2026; other vintages may become time-barred at year-end. This is not a blanket guarantee: the law firm checks deadlines, manufacturer, applicable law and measures already taken on a case-by-case basis.
What can interrupt limitation periods?+
Already filed lawsuits, administrative proceedings or other measures that interrupt limitation periods can change the calculation. Whether a specific measure is sufficient and what consequences it has can only be determined based on your case and the available evidence.
Which documents should I collect for the review?+
Helpful are vehicle lists, invoices, purchase, leasing or financing contracts, price and contract data as well as information on claims already registered. Documents may also be with the tax advisor, in accounting, the asset register or with the lessor.
How is the possible damage calculated?+
Calculation is made individually per vehicle, purchase year, net purchase price and contract type. As historical orientation the factsheet names 5 % for 2003–2011, 3 % for 2012, 2 % for 2013 and 1 % for 2014; this does not constitute a guaranteed quota.
How are interest rates treated in the examples?+
The examples use a simplified 5 % interest per year from the purchase year until the end of 2026. This is a simplified assumption; start, amount and actual interest accrual are reviewed by the law firm based on the concrete circumstances.
What remains of €8,400 from the example purchase of 2004 after the success fee?+
With a sample net purchase price of €80,000 this yields €4,000 damages plus €4,400 simplified interest totaling €8,400 before success fee. At 35 % success fee on this total, €5,460 remain calculated; the example is no guarantee of a claim or result.
How should the examples for 50 and 150 trucks after 35 % success fee be understood?+
The factsheet states approximately €337,200 for 50 trucks and approximately €1,010,000 for 150 trucks, each before success fee and based on simplified assumptions. After 35 % on the respective total amounts, approximately €219,180 or €656,500 remain calculated; actual amounts may differ or not materialize.
Which costs and participation apply?+
For the presented examples a success fee of 35 % on the total amount including interest is deducted. Calculation basis, cost coverage and possible further deductions are agreed in writing in the financing agreement in advance. The toll review fee per month is not transferred to truck cases without agreement; the concrete contract applies.
How is the procedure classified according to the number of trucks?+
From 100 trucks an individual lawsuit is generally envisaged. Below 100 trucks a small association of claimants may be considered, with each company remaining a party; there is no guarantee for inclusion or success.
What does the BGH judgment mean for cases already registered?+
The BGH did not categorically dismiss bundled assertions in the truck cartel, but pointed out limits for collective claim collection and the preparation of case separation. Already pre-registered or ongoing cases should therefore be reviewed individually based on contract, procedural status and documents; do not terminate without legal review.
Who does what and against whom is a potential claim directed?+
Point Zero Legal works with Octagon Capital on initial intake and document preparation; Octagon Capital works with the law firm Martin Pfnür. There is no contractual cooperation between Point Zero Legal and the law firm Martin Pfnür, and Point Zero Legal does not provide legal advice. Possible claims are directed against cartel participants, not against dealers, workshops or lessors.