1. Who can request reimbursement through eClaim, and which company can register?


In principle, any company that has a contractual relationship with Toll Collect or an EETS provider (only the following are authorised EETS providers: Axxès, Toll4Europe, Telepass, AS24 from TotalEnergies [formerly: Total Marketing Services], Tolltickets) and has paid truck tolls on German highways and federal roads since January 1, 2018. If your toll payments are processed by a billing company (e.g., SVG, UTA, DKV), you still have a contractual relationship with Toll Collect or an EETS provider. Thereby, the country where your company is seated is irrelevant. Instead, it is essential that the toll payments are based on a direct contractual relationship with Toll Collect (or an EETS Provider).

If your group of companies consists of individual companies, please make sure to register each company that has its own contractual relationship with Toll Collect or an EETS Provider individually (see FAQ No. 2, who paid is irrelevant).

In the exceptional case that you have a single company but several Toll Collect user numbers, please still register with only one of these user numbers. Please register the user numbers that you currently and/or primarily use. In the course of the registration process you will then be asked to provide the other user numbers.

If your company is in insolvency, the insolvency administrator may be entitled to the reimbursement claims.

2. I don't know whether I have a contractual relationship with Toll Collect or an EETS provider?


All companies registered with Toll Collect or an EETS-provider have a contractual relationship with Toll Collect. Registered companies have a user number with Toll Collect which can be obtained from Toll Collect.

Even if you are not registered with Toll Collect, you may still have a contractual relationship with Toll Collect. In particular, a contractual relationship is established when you have accepted the General Terms and Conditions of Toll Collect for the registered company. This also occurs when a journey is registered manually. Moreover, it is possible that a billing company (SVG, UTA, DKV, etc.) has concluded a contract with Toll Collect on your behalf. In case of doubt, please contact your billing company (see also FAQ no. 1).

3. Can companies that have only rented or leased trucks claim toll reimbursements? What about companies that have reimbursed their carriers for the toll?


Only those companies that have a direct contractual relationship with Toll Collect or an EETS provider can claim reimbursements. These are the companies that have registered with Toll Collect or have otherwise concluded a contractual relationship with Toll Collect or an EETS provider (see FAQ no. 1 and 2).

Depending on the individual case, this can potentially be both the lessee and the lessor, but not simultaneously for the same toll payment. As a general rule, however, the lessor will be entitled to the claims. IMPORTANT: It is not sufficient for a company to only have borne the toll costs internally. This does not lead to an ownership of the claim. If, for example, you have rented vehicles and the toll was paid directly by the lessor (Charterway, PEMA or similar), but then invoiced to you, your payment to the lessor does not establish a contractual relationship with Toll Collect or an authorised EETS provider and thus, is insufficient to claim toll reimbursements.

Also, if you have reimbursed your carriers for the toll, you unfortunately cannot use the eClaim service. In these cases, the contractual relationship is between the carrier company and Toll Collect or the respective EETS provider.

4. How high are my reimbursement claims and what is the change in the law all about?


The exact amount of reimbursement will depend on the routes covered, the EURO standard, the number of axles and the permissible total weight of the respective truck. In all likelihood, toll payers have paid an average overcharge of four to seven percent between 2018 and 2021. These overcharges - possibly even larger amounts - can be reclaimed. The background to this is that the European Court of Justice declared the calculation of the truck toll to be contrary to European law in a decision of October 28, 2020. As a first reaction, the German legislator has recalculated the toll. New, lower toll rates have therefore been in force since October 1, 2021. In addition, the amendment contains fixed reimbursement amounts for the period from October 28, 2020, up to and including September 30, 2021.

5. Why should I register with eClaim if the BAG partially reimburses the toll anyway?


A review carried out by Hausfeld together with a transport expert has shown that the toll payers should be entitled to a significantly higher reimbursement than the BAG is prepared to pay out.

Furthermore, the reimbursement under the amended law only concerns claims from October 28, 2020, to September 30, 2021. For the period prior to that, the new law does not contain any provisions. eClaim therefore offers you the enforcement of reimbursement for all claims to which you are entitled as a package. We will determine all your claims for reimbursement - in particular those claims that go beyond the legislative amendment - and ensure that they are fully enforced for you. Please note that Hausfeld Rechtsanwälte LLP will only be able to comprehensively enforce your reimbursement claims as a package, i.e., consisting of the claims arising from the legislative amendment as well as any claims that go beyond it.

6. Do I already conclude a contract by registering? What costs will I have to pay?


Registration is non-binding. Once you have registered, you will receive the contractual documents and will be asked to send us the signed contracts.

The enforcement of your claims is free of charge for you! The costs are borne by us. We only receive a moderate success fee in case of success. Detailed information on the conditions of the success fee can be found in the financing agreement, which you can easily download from our data platform. The conditions are as follows:

15 % if an out-of-court solution can be reached through negotiation;

23% if one or more model proceedings have to be conducted, but an action is not necessary in each individual case, and

33% if, contrary to expectations, legal action has to be taken in each individual case.

Different conditions apply ONLY for members of certain associations: (your company does not have to be a member of an association to register):

12.5 % instead of 15 % if an out-of-court solution can be reached through negotiation;

20 % instead of 23 % if one or more model proceedings have to be conducted, but an action is not necessary in each individual case;

30 % instead of 33 % if an action must be brought in each individual case.

7. How do I have to provide which data and documents? What should I look out for in the documents?


Once you have registered, we will send you a link to our eClaim platform to complete the rest of the registration process. Here you can enter all the required data online and upload your supporting documents. These documents are essential for the enforcement of your claims. You can request the relevant toll statements from Toll Collect or your EETS provider. We cannot enforce your claims without receipts.

New registrations

If you are registering with us for the first time, we first need the contractual documents (fee agreement and financing agreement). In order to be able to enforce your claims, we also need details of the toll payments made. The monthly or bi-weekly toll statements from Toll Collect or from an EETS provider will suffice as evidence.

We also require a power of attorney from you. With regard to the power of attorney, a separate original must be sent to us by post. You will be informed of the exact procedure by email.

Already registered customers

If you have already registered with us last year, you can complete your data and documents for the period October 28, 2020, to September 30, 2021, through the eClaim platform. Please ensure that your toll statements are complete, especially for this period. In addition, you can also upload the relevant documents for the previous time periods or review the previously uploaded documents and check if they are correct and complete and, if necessary, change them.

NOTE: We do not currently require itemised toll statements to document toll payments and cannot process them. The monthly toll statements, if possible, in the original from Toll Collect or an EETS provider in electronic form (as a PDF), are sufficient. If you do not know how to request the required documents, you will find a detailed description on the eClaim platform. It is important that the respective PDF contains only the monthly toll statement! Do not add any other documents or attachments! Do not combine the toll statement with other documents!

PLEASE NOTE: With the exception of the power of attorney, please do not send any documents or information by email or post to eClaim or Hausfeld, as in this case processing cannot be guaranteed.

8. How can I edit the data that I have entered after submitting the questionnaire?


If we have not yet filed a claim with the BAG on your behalf, you will receive an email asking you to check your data and make additions or corrections, where appropriate. For this you will need to enter your login data consisting of your email address and your self-assigned password. If you have forgotten your password, you can reset it at the login screen of the questionnaire.

After changing or confirming your data upon the above-mentioned email request, it is no longer possible to correct your data. If you still discover an error in your data, please contact eClaim's customer service immediately by email. You can reach them at the following address: service@eclaim.de. In this case, please indicate your eClaim registration number and “Urgent data change” in the subject line of your email. You will receive an email response with respective explanations.

9. I have sent the power of attorney but have not received any response. Has the power of attorney arrived?


The power of attorney will reach Hausfeld Rechtsanwälte LLP by normal post. However, due to the great interest in toll reimbursement, Hausfeld receives a large number of letters every day, so it takes some time to assign them. We therefore ask for your patience and will only contact you if the power of attorney has not been received or has been received incorrectly. If you do not hear from us or Hausfeld Rechtsanwälte LLP, you can therefore assume that everything is in order.

Please assist the processing by sending only the original power of attorney by post to the address given and ensure that your post is clearly marked with your eClaim number.

10. Our customers approach us and want to make claims for toll reimbursement against our forwarding company. How should we react?


Unfortunately, we are unable to provide you with detailed advice with regard to the reimbursement claims that customers in turn assert against your company.  Whether these customers are entitled to reimbursement claims, and if so to what amount, depends to a large extent on your contractual arrangements, which we are unable to review in detail. We therefore recommend that you contact a lawyer you trust in this regard to clarify the extent to which you need to take action against your customers' demands for payment and whether it makes sense to for example sign any waiver of the statute of limitations agreement submitted by the customers.

11. Why do I no longer have access to the data platform?


If you have registered your company on mautzurueck.de, but did not submit your further, relevant data on eClaim’s platform in time (until 8 December 2021), you can no longer participate in eClaim’s offer. Your link to the data platform is then no longer valid.

If you have mistakenly registered the same company more than once, you will still have access to the data platform for those registrations for which you have submitted your data within the deadline.

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