Overbilling of German tolls: reimbursement is possible
On October 28, the Court of Justice of the European Union rendered a very important decision, which would allow transport companies in all countries to recover part of the road tolls unduly charged in Germany between 2017 and 2020.
The German government was condemned for having included in the amount of tolls, costs attributable to the police, not provided for by the Eurovignette Directive.
Indeed, the Court of Justice of the EU ruled that the police activities are the responsibility of the State when it acts in the exercise of its prerogatives of public power and not as operator of the road infrastructure, so that they are not part of the road operating costs.
- Thus, transport companies that paid road tolls in Germany between 2017 and 2020 could now claim a refund.
- For years prior to 2017, the refund can be claimed only if a claim has already been filed before.
- As complaints for the year 2017 are subject to the limitation period (end of 2020), they must imperatively be filed before the end of the year.
- Finally, according to the judicial body, this reimbursement could concern around 4% of the amount of tolls invoiced. (However, the exact calculation of the reimbursement will depend on the calculation of the respective costs for each year.)
Consult the judgment of the Court of Justice of the European Union: here
