1355/5/7/20 (T) Hertz Autovermietung GmbH & Others v Stellantis N.V. (formerly Fiat Chrysler Automobiles N.V.) & Others
Claim for damages for breach of Article 101 of the Treaty of the Functioning of the European Union and Article 53 of the European Economic Area Agreement by Hertz Autovermietung GmbH and three other companies (the "Claimants") against (1) Fiat Chrysler Automobiles N.V.; (2) CNH Industrial N.V.; (3) Iveco S.p.A.; (4) Iveco Magirus AG; (5) MAN SE; (6) MAN Truck & Bus SE; (7) MAN Truck & Bus Deutschland GmbH; (8) Aktiebolaget Volvo; (9) Volvo Lastvagnar Aktiebolag; (10) Volvo Group Trucks Central Europe GmbH; (11) Renault Trucks SAS; (12) DAF Trucks N.V.; (13) DAF Trucks Deutschland GmbH; and (14) Daimler AG (the "Defendants"). The Claimants rely on a decision of the European Commission of 19 July 2016 (Case AT.39824 - Trucks) which was addressed to all of the Defendants.
The issues in the proceedings were transferred from the High Court to the Tribunal by consent by order of Deputy Master Linwood dated 23 January 2020.
The case management conference listed for 4 December 2020 to be heard jointly with Cases 1343T, 1356T, 1358T, 1371T and 1372T was vacated.
On 17 February 2021, the Tribunal was notified that the name of the First Defendant has changed from Fiat Chrysler Automobiles N.V. to Stellantis N.V..
By Order of 15 December 2021, TRATON SE was substituted for MAN SE as the Fifth Defendant in the proceedings.
By an Order dated 28 February 2023, the proceedings against the DAF Defendants were stayed by consent.
By an Order dated 16 August 2023, the proceedings against the Daimler Defendant were stayed by consent.
By an Order dated 4 September 2023, the proceedings against the Daimler Defendant were dismissed by consent.
A joint case management conference in the Trucks Second Wave Proceedings took place in the Court of Session, Edinburgh on 19 and 20 October 2023.
For further updates please see the 1296/5/7/18 case page.