The Commercial Court 1 in Murcia has just ordered Volvo Group Spain to pay 128,757 euros and late-payment interest to a company in the context of the “Cartel of trucks” case in October 2012.
In her decision, the judge in charge of the case first tackled a controversial point : that of passive legitimization, namely whether the subsidiaries of the truck manufacturers are responsible for the acts of your matrices. And it’s affirmative.
Secondly, it addresses the question of compensation for damages and concludes that it is appropriate because it is recognized by the European Commission itself in its decision on the cartel. Once the foregoing is established, the judge reviews the issue of price overruns.
On the basis of the report of the expert in charge of the case, it was recommended that an average increase of 20.7% of the damages paid in 129 cartels in Europe be practiced.
The judge therefore ordered Volvo to pay € 128,757 and interest to a company that had bought 5 vehicles in 2012.
The Frieshfields office, which defends Volvo in this case, rejected the judgment.
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