Since 2010, the Federal Republic of Germany has incorrectly calculated the HGV toll for motorways and federal roads and has unjustly charged an excessive toll. This was stated by the European Court of Justice in its judgment of 28.10.2020 (C-321/19). When calculating the toll rates, the Federal Republic had taken into account the costs for traffic police as current infrastructure costs. However, according to Art. 7(9) of the amended Directive 1999/62 EC, traffic police costs do not count as infrastructure costs.
Due to the ECJ judgment, the toll rates have been retroactively reduced for the period from 28 October 2020. Transport companies can therefore apply to the Federal Office for Goods Transport (Bundesamt für Güterverkehr) for a refund of the excessive toll for the period from 28.10.2020 to 30.09.2021 until the end of 2023.
For the period up to 27.10.2020, in which the toll was calculated incorrectly, it has not yet been conclusively clarified whether and to what extent a refund can be claimed. The part of the costs for the traffic police, which was taken into account in the calculation of the toll rates from 2010 to 2020, was between 3.8% and 7%, so that considerable claims for reimbursement may arise. Several court cases are already being conducted in Germany to clarify this issue. All transport companies that have paid increased toll amounts for the period up to 27.10.2020 can also assert their claims with the Federal Office for Goods Transport (Bundesamt für Güterverkehr), provided that these have not yet become time-barred.
Our law firm, which specialises in transport law, will be happy to represent and advise you in applying for and – if necessary – enforcing your reimbursement claims in court. If you have any questions, please do not hesitate to contact us on telephone number: 0049 40 180 364 020 or via e-mail email@example.com.
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