Decision of the ECJ: Toll refunds for transport companies? Costs of traffic po-lice must not be included in the toll

The European Court of Justice (ECJ) decided in case C-321/19 that the calculation of the toll in Germany violates EU law to the extent that the costs for the traffic police are included in the toll.

The relevant Directive on the charging of heavy goods vehicles for the use of certain infrastructures (Directive 1999/62/EC) only allows infrastructure costs to be taken into account, which do not include the costs of police activities. With this decision it is clear that in the past increased toll payments have been made and may have to be reimbursed. We would be pleased to advise you individually on the possibilities that exist in this respect.

The chances for this should be good after the ECJ has pointed out that the individual can refer directly to the obligation from Art. 7 (9) and Art. 7a (1) and (2) of the Directive 1999/62 in the version amended by Directive 2006/38 to consider exclusively the infrastructure costs in the sense of Art. 7 (9) before the national courts of a member state if the member state has not fulfilled this obligation or has not implemented it properly.


Your contact persom:

Attorney Dominic Steinborn
Specialist lawyer for transport and forwarding law
Specialist lawyer for insurance law
Lecturer at the TH Köln (2014-2019)
Certified Compliance Officer (TÜV Rheinland)