A specific point in the case was that in determining the amount of the fee, Germany also took into account the costs incurred for the maintenance of the traffic police, the CJEU decided that they should not be included in the costs related to infrastructure.
All road users who pay for travel on German roads through Toll Collect, a toll collection system for trucks on German motorways, will receive compensation.
– From 1 October 2021, the basis for applying for a refund of overpayment is the German law on tolls, as amended (Anlage 8 Bundesfernstraßenmautgesetz). This law introduces new lower rates of tolls from the time of its entry into force, while directly indicating that the reduced rates apply from 28 October 2020 (they apply in reverse order) when the judgment of the Court of Justice of the European Union in case C -321/19 was adopted, questioning the correctness of the method of calculating infrastructure charges in relation to the relevant EU directive.
How much and how can you return?
At the moment, the money can be refunded for trips that took place from October 28, 2020 to September 30, 2021, but, as Evelina Voychik explains, the court decision indicates a violation in the method of calculating fees also in the period preceding its issuance.
– This is the basis for filing claims by carriers also for 2018, 2019, 2020. If the carriers have not filed an application for reimbursement of overpayment for 2017 by the end of 2020, the validity of this claim has expired, – said the expert.
“Rzeczpospolita” wrote at the end of September that the first payments for carriers will begin soon, and then reported that it is a question of big money – from 1 thousand. up to 150 thousand euros.
For example, for a car with a gross weight of more than 18 tons with 4 axles and more, the profit per kilometer is 0.5 cents. This amount seems insignificant, but multiplied by the hundreds of thousands of kilometers that Polish trucks leave on German roads, the amount of return is considerable.
To be reimbursed for overpaid tolls, you must apply to the Federal Office of Freight Transport (Bundesamt für Güterverkehr, BAG). You must attach invoices confirming payment of tolls, as well as a detailed list of trips for this vehicle.
According to the operator of the Toll Collect system, you can apply for a refund from November 3, 2021. You can apply to BAG through the online platform at: www.bag.bund.de, and a statement of toll roads can be downloaded free of charge by operators from the customer portal Toll Collect. You can fight for the return until the end of 2023.