The limitation period for follow-on actions based on CNMC decisions starts running once the decision becomes final
A recent ruling by the CJEU concludes that, in this type of actions, the limitation period only begins when the decision is final and has been properly published, since, before that happens, the injured parties do not have the information necessary to claim. According to the court, the opposite would make it excessively difficult to exercise the right to compensation and would violate the principle of effectiveness. We analyze the ruling and the various questions that this ruling raises.
In its Judgment of 4 September 2025 (C-21/24, CP v. Nissan Iberia), the CJEU resolves a question referred for a preliminary ruling raised in the context of litigation arising from the car manufacturers' cartel and held that – unlike what happens in the case of sanctioning decisions of the European Commission – when an action for damages is based on a sanctioning decision of a national competition authority (NCA) appealed in court, the limitation period for such, so-called follow-on action, does not begin to run until that decision has become final following judicial review and the corresponding judgment – declaring it to be so – has been published in a manner that ensures access to it.
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