Reimbursement of German tolls currently back on the agenda for transport companies – submit reimbursement claims in good time

The ECJ ruling of October 28, 2020 has already attracted the attention of freight forwarders. Further rulings by German courts on traffic police costs have resulted in transport companies being reimbursed for tolls paid.

Now the wave of refunds is entering a new phase. Since fictitious credit costs were unlawfully included in the infrastructure cost reports, companies have the option of applying for a refund.

CURRENTLY AFFECTED

‣ Reimbursement via the infrastructure costs report from 2022 to 2024

‣ Notional credit costs for land have been calculated

‣ Claim for damages of up to 5% of toll costs

‣ Plus interest at the standard EU rate

SUBMIT CLAIMS IN TIME

‣ Claims for 2022 are not time-barred until December 31, 2025

‣ We will submit your application for the entire period

‣ We require the monthly statements of toll amounts

‣ Please keep all documents from previous periods as well

You should also know the following:

Legal proceedings and appeals against the excessive CO₂ tax are already pending. No judgments have been handed down yet. However, the EU Commission has initiated a review to determine whether there is a legal basis for this. The new transport infrastructure cost report for 2024 is still awaited. Anyone who has submitted an application in good time will therefore be reimbursed for the amounts deemed unlawful.

Statute of limitations:

The statute of limitations for claims from 2021 and earlier years has already expired. However, a ruling by the ECJ could overturn this. Companies should therefore keep all documents—including those from previous years—in a safe place.