Two Polish haulage firm had filed a complaint about using German highways after their combined tolls between 2010 and 2011 came to about $14,500.
Since 2005, all trucks over 7.5 metric tons have faced a toll in Germany specific to heavy goods vehicles. The HGV toll is assessed based on the weight of the vehicle and how much pollution a vehicle emits. According to the court, around 3.8% of the assessed toll was to offset the costs of traffic police monitoring the roads.
While a court in Cologne initially ruled against the trucking companies, their appellate chances stand better now as the case returns from Luxembourg to the Higher Administrative Court for the Land of North Rhine-Westphalia.
In Case C-321/19, The European Court in Luxembourg stated that “Member States which introduce or maintain tolls on the trans-European road network [have] a precise and unconditional obligation to determine the level of those tolls taking into account ‘infrastructure costs’ only, that is to say, the costs of constructing, operating, maintaining and developing the infrastructure network concerned”.
The ruling, issued on 28 October 2020, aligns with a recommendation from Advocate General Henrik Saugmandsgaard Øe, who wrote in June: “The concept of ‘operating costs’ relates to the costs incurred in the operation of the motorway. The operation of a motorway does not, however, extend to police activities.” The five-judge panel agreed in the terms that “Police activities are the responsibility of the State acting in the exercise of its public powers, and not an operator of the road infrastructure”.
Germany claims that “serious financial consequences” will result if the adjustment is made retroactive. The Court, however, stated that “Germany has not adduced evidence which is capable of satisfying the criterion that those concerned should have acted in good faith.” Nonetheless, should the Court agree that Germany has made an error in good-faith, it could exempt Germany from having to refund the 15 years’ worth of extra tolls.
