Reclaim of overpaid German toll
On October 28, 2020, the European Court of Justice ruled that the rate of the German LKW-Maut is in violation with the European law. According to the EU directive, only infrastructure costs may be included in the calculation of the truck toll. However, the German federal government has also included the costs for the traffic police. The toll rate for trucks is therefore contrary to European legislation.
Transport companies operating on German roads have therefore paid too much toll over the years and part of this it is now possible to reclaim. In any case, it concerns the toll part that was based on the costs of the traffic police. According to current information, these costs are around four percent of the total toll paid. Work is underway to calculate the exact overpaid percentage.
The limitation period for claiming this compensation is three years. As a result, toll payments prior to 2017 cannot be recovered. For tolls made in 2017, the statute of limitations will end on December 31, 2020, so fast action is necessary to ensure that claims for the year 2017 can still be submitted. We must have these claims in our possession by 11 December.
Our solution
Transport in Nood is making its network of lawyers available to file these claims with the relevant German authorities on behalf of the client. All this must be done as soon as possible to be able to include the receivable for the year 2017.
Register as a company without obligation via the link below. In this way we gain insight into which companies are interested and we will contact you at short notice to discuss the possibilities.
We will use the table below for a global cost offer. This service is an initial administrative request for settlement. Should it be necessary to conduct an individual court case after this initial procedure, these additional costs will be discussed in more detail. It is expected that this will only be necessary in exceptional cases. The costs are based on a success fee afterwards, on a ‘no cure, no pay’ basis. Only the file costs will be calculated in advance, as you are used to from us.
| Procedure | File costs per location | Succesfee |
| Settlement after application for customers TiN | Start-up costs only € 50,- | 8 % |
| Settlement after application non-customers TiN | Start-up costs only € 100,- | 10 % |
What to do now?
Registration is necessary. After that, it is important to gain insight into how much German toll has been paid from 2017 to the present. Make already a digital file of this in PDF format and make it available to us, because we will need this at a later stage.