Incorrect calculation of the truck toll

Refund of overpaid tolls

German truck toll is illegal according to ECJ decision –
protect your claims from being time barred at the end of 2020!

The European Court of Justice ruled on 28 October 2020 that the level of the German truck toll violates European law (read more). According to the ruling, the Federal Republic of Germany has taken the costs of traffic police into account when calculating the toll, even though this is not permitted under European law. Instead, only the costs for infrastructure should have been included in the calculation of the toll.

All payers of the German toll are therefore entitled to a reimbursement from the Federal Republic of Germany of at least the portion of the toll paid until September 2021 that was based on the costs of traffic police. According to current estimates, the reimbursement claim amounts to at least 4% of the toll paid.

eClaim, in cooperation with the law firm Hausfeld Rechtsanwälte LLP, offers you the opportunity to prevent your reimbursement claims from becoming time-barred and to enforce them quickly, easily and without any cost risk. 

The enforcement of your claims is free of charge for you! We bear the costs. We will receive a moderate profit sharing only in the case of success.

New: Legislative Amendment
As a first reaction, the German legislator has recalculated the toll so that new, lower toll rates have been in force since 1 October 2021. In addition, the amendment contains fixed reimbursement amounts for the period from 28 October 2020, up to and including 30 September 2021. We will, of course, also enforce the resulting claims on your behalf.

Our response to the legislative amendment
Together with an economic expert, the lawyers from Hausfeld Rechtsanwälte LLP have also examined whether the reimbursement amounts set by the legislator are sufficiently high. The lawyers have come to the conclusion that this is regularly not the case and that transport companies can claim a significantly higher reimbursement in some cases.
eClaim therefore offers you to finance the enforcement of all your toll reimbursement claims as a package. Your lawyers will determine your entire reimbursement claims – especially those that go beyond the legislative amendment – and ensure that they are fully enforced for you. Financing the enforcement of your claims is only possible if they are enforced as a whole. Of course, we will regularly inform you about the relevant steps.

What are the next steps?

1. Provision of the necessary documents

In order to enforce your claims, your lawyers need data on the toll payments and the corresponding toll receipts. To prove former payments also other receipts might be sufficient. We will provide you with a fee and financing agreement with the law firm Hausfeld Rechtsanwälte LLP, our partner law firm, which will enforce your claims on your behalf.
2. Enforcement of your claims

Your lawyers take the necessary measures to prevent your claims from becoming time-barred and enforce your claims out of court based on the legislative amendment. Regarding your further claims, your lawyers  initiate so-called test cases followed by settlements to fully enforce all your reimbursementclaims. In test proceedings, courts can make a decision on the legal situation for selected plaintiffs, which can then also benefit other claimants. We have compiled the answers to the most important questions for you on the FAQ page.