With a class action lawsuit, truck buyers want to collect damages from the leading manufacturers because they exchanged prices in a cartel. The appeals court gives them new hope.
The Munich regional court may have to reopen the largest damages lawsuit against a truck cartel. The buyers of 70,000 trucks that were allegedly overpriced are demanding 500 million euros in damages from MAN, Daimler, Iveco and Volvo/Renault, but failed in the first instance: the regional court had dismissed the class action lawsuit brought by the legal service provider Financialright Claims as partly inadmissible and partly unfounded. The Higher Regional Court (OLG) came to a different assessment in the appeal proceedings on Thursday.
According to the Senate’s preliminary assessment, the judgment of the first instance should be overturned and the proceedings should be referred back to the regional court, said presiding judge Andreas Müller. Many questions remained unanswered and the case was not yet ready for a decision.
Financialright Claims is the sole plaintiff
In the course of the oral hearing, however, it emerged that Financialright’s contract with a litigation funder could be “the pivotal point” for the admissibility of the class action lawsuit and the proceedings. The Senate plans to announce on December 21 whether Financialright now has to submit this contract.
In contrast to the regional court, the OLG considers the assignment of the claims for damages to the debt collection and legal service provider Financialright Claims to be legal, at least according to an initial assessment. Bundling the claims is therefore permissible, said Müller at the start of the appeal hearing. Financialright Claims acts as the sole plaintiff and, if successful, receives 33 percent commission.
The Senate Chairman also said that the vagueness of the lawsuit, which was assumed by the regional court, does not exist or no longer exists after corrections. According to the Senate’s preliminary assessment, applications rejected by the regional court as inadmissible are sufficiently specific.
The plaintiff’s lawyer is pleased
Plaintiff lawyer Alex Petrasincu initially expressed his delight. The OLG’s assessment is in line with the case law of the Federal Court of Justice.
However, in the subsequent hearing, the lawyers for MAN and Daimler took the view that the present class action lawsuit violated the Legal Services Act due to conflicts of interest. Financialright not only bundled those affected with completely different prospects of success, but was also economically dependent on a litigation financier and was therefore limited in its ability to conclude settlements. In order to conclusively answer this important question, the truck manufacturers demanded disclosure of Financialright’s contract with the litigation financier.
These manufacturers are affected
The EU Commission had imposed a fine of almost four billion euros on DAF, Daimler, Iveco, Scania and Volvo/Renault for antitrust violations. The truck companies exchanged sales prices from 1997 to 2011. MAN had gone unpunished as a key witness. However, the EU Commission left it open whether the truck buyers suffered any damage as a result of the cartel. The truck manufacturers deny it.
There are other major truck cases pending at the Munich Regional Court. Among other things, Financialright is also demanding almost half a billion euros in damages for the buyers of another 100,000 trucks. The Federal Association of Road Haulage Logistics and Disposal (BGL) had advised its members to file a lawsuit via Financialright. In another case, Deutsche Bahn, the Bundeswehr and many freight forwarding companies are demanding 385 million euros in damages from truck manufacturers.
Source: Stern
