In 2010 and 2011
Tolls calculated incorrectly: German truck tolls partially violated EU law
dpa/Sebastian Kahnert Cars are in both directions on the Autobahn 8 in both directions.
The German truck toll violated EU law in 2010 and 2011. With this judgment, the Higher Administrative Court (OVG) North Rhine-Westphalia on Tuesday of a Polish freight forwarder in the dispute with the Federal Republic of tolls about the reimbursement of toll fees was partially right.
When calculating the toll rates, the capital costs of the motorway properties were incorrectly calculated, it said in the reasoning (AZ. 9 A 118/16).The Federal Republic must now reimburse the plaintiffs in the sample procedure 565 euros tolls plus interest. The court did not leave any revision. The Polish company had the repayment of around 12.000 euros complained. The OVG justified its judgment by the fact that the toll fees are not allowed to exceed infrastructure costs according to EU law.
It is not compatible if the capital costs of the motorway plots are calculated instead of their acquisition value with their current replacement value, it was said in the reasoning. Unlike other investment goods, land did not suffer any substance loss and would not have to be procured again after a certain time. The toll rates were based on incorrect calculation.
The freight forwarder failed in the first instance with a lawsuit
The Cologne Administrative Court had dismissed the Polish freight forwarder, whereupon the company at the OVG North Rhine-Westphalia appealed. This initially suspended the procedure and asked the European Court of Justice (ECJ) to interpret European law. The ECJ already decided in October 2020 that according to EU law, the costs for the traffic police should not be taken into account when calculating the truck toll. The Federal Republic then reimbursed the plaintiffs around 424 euros.
The truck toll was introduced for motorways in 2005 and is now also valid on federal highways. Their height will be recalculated regularly.
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