In a significant decision with far-reaching implications, the Court of Justice of the European Union (CJEU) has ruled that the statute of limitations for damage claims in competition cases begins only when a national competition authority’s decision becomes final. The September 4th, 2025, ruling is a major victory for consumers and businesses harmed by anticompetitive behaviour.
Nissan’s Legal Strategy Defeated
The case stems from the infamous ‘Car Cartel’ in Spain. In 2015, the Spanish National Markets and Competition Commission (CNMC) fined several car manufacturers, including Nissan Iberia. While the CNMC’s decision was published in 2015, it was not definitively resolved until 2021 when the Spanish Supreme Court upheld the ruling.
When victims began filing lawsuits in 2022, Nissan argued that the one-year statute of limitations had already expired, claiming the victims should have sued back in 2015. This would have forced claimants to act while the legality of the CNMC’s decision was still in question.
Clarity and Justice for Claimants
The CJEU’s answer was unambiguous: the clock for filing a follow-on action starts ticking only after the competition authority’s decision is final and non-appealable. The court reasoned that it would be procedurally unfair to require claimants to act before the decision is final, as many such decisions are overturned on appeal.
This ruling prevents companies from using protracted litigation as a delaying tactic and empowers victims by giving them a stable legal foundation to seek compensation. It will have an immediate effect on other ongoing cases in the EU, such as the ‘Milk Cartel’ and the ‘PET-18F-FDG Radiopharmaceutical Cartel‘, where competition authorities’ decisions are still under appeal.