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Court of Justice of the European Union

PRESS RELEASE No 133/20

Luxembourg, 28 October 2020

Judgment in Case C-321/19 BY and CZ v Bundesrepublik Deutschland

Traffic police-related costs cannot be taken into account in the calculation of tolls for the use of the trans-European road network by heavy goods vehicles Such costs are not part of the infrastructure costs on the basis of which those toll rates must be calculated

BY and CZ operated a company governed by Polish law that was engaged in the business of road haulage, including in Germany. On that basis, BY and CZ paid tolls, for the period from 1 January 2010 to 18 July 2011, of a total of 12 420.53 euros for the use of German federal motorways.

Having taken the view that the method of calculating the tolls which they were obliged to pay had resulted, contrary to EU law, in an excessive financial obligation, BY and CZ brought an action before the German courts for reimbursement of the tolls at issue. 

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