Following a question referred by the Spanish Court to the European Court of Justice (ECJ), the ECJ has confirmed that specialised trucks, such as dumper trucks, are covered by the European Commission’s (EC) 2016 decision on the EU truck cartel.
In August 2022, the ECJ ruled that the EC’s truck cartel decision included specialised vehicles such as refuse collection trucks on the basis that the EC had stated that its decision covered medium and heavy trucks and only expressly excluded military vehicles so specialised vehicles, such as refuse collection trucks, would be covered.
However, prior to this, in September 2020, a Spanish court had ruled that an articulated dumper truck that was not intended for use on roads and was instead intended for use for industrial works in uneven terrain, was not covered by the EC’s truck cartel decision. The Claimant appealed this decision, arguing that the dumper truck should have been included, so the Court hearing the appeal asked the ECJ for guidance in April 2021.
The ECJ relied on its previous decision regarding refuse collection vehicles and confirmed that the EC decision also extended to dumper trucks given there was nothing in the EC’s decision to suggest that dumper trucks would not be covered given that they would fall within the definition of a heavy truck and were not expressly excluded, unlike military vehicles.
This further confirms the RHA’s view that specialised trucks would have been affected by the truck cartel and therefore operators that purchased or leased vehicles such as dumper trucks can include them within the claim.
For further information please contact Steven Meyerhoff or Richard Smith