1371/5/7/20 (T) The BOC Group Limited and Others v Fiat Chrysler Automobiles N.V. and Others

Claim for damages for breach of Article 101 of the Treaty on the Functioning of the European Union and/or Article 53 of the Agreement on the European Economic Area by (1) The BOC Group Limited; (2) BOC Limited; and (3) BOC Gases Ireland Limited (together, 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 Aktiebolaget; (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 (together, the “Defendants”). The Claimants rely on a decision of the European Commission of 19 July 2016 (Case AT.39824 - Trucks) which was addressed to (amongst others) 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 Arkush dated 29 May 2020.

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.