On 22 June 2022, the Court of Justice ruled in another truck case, this time initiated by the Spanish party RM versus AB Volvo and DAF Trucks NV in response to questions for a preliminary ruling from the Spanish court in Léon.[1] Among other things, the question was whether the rebuttable presumption of damage from the Antitrust Damages Directive can apply in cases under Spanish law. The Court of Justice ruled that this was not the case, as the Spanish government did not transpose the Antitrust Damages Directive into Spanish law in good time. Because the cartel already ended before the implementation deadline, application of the rebuttable presumption of damage is prohibited with retroactive effect.

[1] CJEU 22 June, case C-267/20 (AB Volvo, DAF Trucks NV/RM).