The Truck Cartel existed between 1997 and 2011. The antitrust law and civil damages law has been amendment in this period. Therefore, when the prescription period elapse depends on the date of purchase. Insofar as Austrian law applies, the prescription periods is as follows:

Case 1)

Between 1997 and March 1, 2013, the general civil damages law § 1489 ABGB applied. Accordingly, the damage claim is subject to a period of three years from knowledge of the damage and the damaging party. In this case, the prescription period starts with knowledge of the Truck Cartel. In principle, it is to be assumed that the cartel became known on July 19, 2016 only upon notification of the European Commission. The three-year period began in these cases on July 19, 2016.

In case you had information about the cartel before the announcement of the European commission, it is possible that the prescription period already elapsed or elapses soon.

Case 2)

As of March 1, 2013, the 2012 amendment to the Act on Cartel Law came into effect. A further legal standard applies to trucks purchased from this date. In this amendment, it is expressly stipulated that the prescription period for a claim for damages is suspended for the duration of the cartel proceedings. Upon completion of the procedure, this period shall be extended by a further 6 months. This means that the prescription period between January 18, 2011 and January 19, 2016 is suspended. On January 19, 2016, the prescription period continues. Also in this case, a three-year prescription period applies.

The limitation of your claim is threaten on January 19, 2016, if you already had knowledge of the cartel before the publication of the European commission.

In both cases, a in-depth analysis of the individual case is necessary in order to determine the at which date the prescription period elapses.