The CJEU upholds claims against the car cartel: New deadline for claims: 23 June 2026
The Court of Justice of the European Union (CJEU) has issued a ruling of great importance for thousands of consumers and businesses affected by the car cartel in Spain. This decision definitively clarifies the limitation periods for bringing claims for damages resulting from anti-competitive practices.
Background to the case
In 2015, the National Commission for Markets and Competition (CNMC) sanctioned most car manufacturers operating in Spain for exchanging sensitive information on prices and commercial conditions between 2006 and 2013. This behaviour clearly violated competition rules and harmed consumers. After years of legal appeals, the Supreme Court upheld the fines in June 2021.
The core of the CJEU ruling
The CJEU ruling, published on 4 September 2025, responds to a preliminary ruling requested by the Provincial Court of Barcelona and establishes that:
- The limitation period for claiming damages begins when the penalty decision becomes final, i.e. on 23 June 2021.
- Consequently, those affected have five years to file a claim, which sets the deadline at 23 June 2026.
- Any communication with the manufacturer interrupts the limitation period, giving additional time to purchasers who have already taken steps to file a claim.
What those affected should do
- Gather documentation: sales contract, invoices, registration and vehicle details.
- Check whether the manufacturer is included in the list of those sanctioned by the CNMC (National Commission on Markets and Competition).
- Consult a solicitor specialising in competition law.
- Take action before 23 June 2026, as the right to claim will expire after this date.
Conclusion
The CJEU ruling strengthens legal certainty for consumers and reinforces the principle that anti-competitive practices must be remedied. For those affected, it represents a last chance to claim back the overpayment made when purchasing their vehicle, with time still available to prepare and file their claim with guarantees.
Applicable legislation
1. Treaty on the Functioning of the European Union (TFEU)
• Article 101: Prohibits agreements between companies that restrict or distort competition.
• Article 102: Prohibits the abuse of a dominant position.
2. Law 15/2007 on the Defence of Competition (Spain)
- Article 1: Prohibits collusive practices.
- Article 2: Regulates abuse of dominant position.
- Articles 10 et seq.: Powers of the CNMC to investigate and impose penalties.
3. Directive 2014/104/EU (Damages Directive)
- Recognises the right of individuals and companies to claim compensation for infringements of competition law.
- Regulates limitation periods, burden of proof, joint and several liability and access to evidence.
4. Royal Decree-Law 9/2017 (Spain)
- Transposes Directive 2014/104/EU.
- Introduces into the LDC a limitation period of five years from the date of the final decision.
- Regulates mechanisms for interrupting and quantifying damage.
5. Civil Code (Spain)
- Article 1902: Civil liability for causing damage.
- Articles 1969 et seq.: General rules on limitation periods.
| pif-report-2024 en | 863 KB |
