Ongoing toll refunds resulting from statutory toll rates reduction - Model lawsuits will follow
Hausfeld has developed a digital process to transmit your data and toll statements to the BAG quickly and to process your toll reimbursements resulting from the statutory toll rates reduction (period from 28 October 2020 until 30 September 2021) as soon as possible.
Currently the BAG pays out the toll reimbursements for Hausfeld's clients due to the tariff reduction, which are forwarded to the respective clients within a few working days minus eClaim's share in the proceeds.
Please note that due to limited human and technical resources, the BAG can only do the calculations and payouts of the toll reimbursement claims successively. Therefore, there will be unavoidable delays. It will take a few more months for the payouts to be completed.
We inform you immediately as soon as the BAG has processed your toll reimbursement claims.
Your lawyers of course continue to pursue the reimbursement claims (including interest) that go beyond the statutory tariff reduction. This applies to the period starting from the introduction of the truck toll in Germany on 1 January 2005 as well as to the period of the tariff reduction as the tariff reduction rates as defined by the legislator are not sufficient in the opinion of a traffic expert.
Your lawyers and the BAG intend to conduct several model lawsuits to comprehensively clarify the legal situation.
This year, Hausfeld Rechtsanwälte LLP has again successfully asserted toll reimbursement claims for many hundreds of companies as part of the eClaim service in cooperation with us.
We are very pleased to inform you that the BAG has announced the first toll refunds for next year.
We wish you a peaceful holiday season and a great start to the new year!
Since 8 December 2021, registration for new applications is no longer possible. We are currently checking your data and preparing the submission to the BAG. We will keep you informed.
Since last year, a lot has happened in the matter of tolls! Due to the great interest and high demand, Hausfeld Rechtsanwälte, in cooperation with us, will again enforce toll reimbursement claims for many companies this year. In addition, we have reopened our data platform in order to submit the first partial reimbursement claims to the BAG due to the legislative amendment. We wish you a happy and healthy Christmas season!
The ECJ ruled in case C-321/19 in favour of a Polish forwarder. She had brought an action for reimbursement of the toll, as costs of the traffic police were included in the calculation of the toll. The Higher Administrative Court Münster had referred the case to the ECJ. The ECJ argued that only infrastructure costs should be taken into account.