Los transportistas españoles pueden reclamar 2.000 millones de euros al cartel de camiones en sus demandas por daños y perjuicios

Justicia. Cartel de camiones.

Los transportistas españoles pueden reclamar 2.000M€ al cartel de camiones por daños y perjuicios a partir de la resolución europea recientemente publicada. Esa resolución fundamenta la multa que la Comisión Europea impuso en julio de 2016 al cartel de camiones integrado por las fabricantes MAN, Volvo, Renault, Daimnler Iveco y DAF; su publicación da el pistoletazo de salida para  que se presenten en los próximos meses miles de demandas por daños y perjuicios.

La U.E. publicó la resolución en la que se basa la multa a los citados fabricantes -de 2.930M€- el pasado 6 de abril.

Los argumentos en los que se basa dicha resolución serán la base para que los perjudicados, en torno a 150.000 transportistas según un informe de la firma de abogados Martínez Almeida, exijan la restitución del sobre precio que pagaron.

Se trata de propietarios españoles de camiones medianos y pesados que los compraron entre 1997 y 2011 (en concreto para los camiones Man del 17/01/1997 al 20/09/2010 y para el resto de las marcas del 17/01/1997 al 20/09/2011) y las demandas se presentarán ante los tribunales ordinarios españoles.

Martínez Almeida estima que el número de camiones cuyo precio se vio incrementado ilegalmente por los acuerdos de cartel entre la gran mayoría de los fabricantes pudo ascender a los 250.000.

La multiplicación del sobre precio pagado por dicha estimación de camiones afectados arroja una valoración superior a los mil millones de euros y podría acercarse a los dos mil millones, aunque la cifra final dependerá de múltiples factores, entre ellos las propias resoluciones de los tribunales.

«La jurisprudencia del Tribunal Supremo legitima a los afectados por un cartel que haya pactado precios para reclamar por daños y perjuicios», informa Carlos Martínez – Almeida. Han tenido que pagar un precio mayor debido a determinadas prácticas contra la competencia y tienen por tanto derecho a ser indemnizados por ello, añade.

De este modo, pueden demandar ante los tribunales a los fabricantes a los que hayan comprado sus camiones, señala el letrado,  quien añade que las empresas de leasing también se han visto afectadas por el cartel de camiones.

«Quienes hayan adquirido camiones medios o pesados a empresas de leasing que hayan operado con las marcas afectadas en el período en cuestión (Daf, Daimler/Mercedes, Iveco, Volvo/Renault o Man entre los años 1997 y 2011) también pueden reclamar». Martínez Almeida recomienda, además, las demandas individuales por encima de las colectivas.

La multa fue impuesta en julio por prácticas ilegales de cartel, es decir, por pactar en lugar de competir entre sí. Lo que se ha publicado ahora -el pasado 6 de abril- son los fundamentos jurídicos y económicos de aquel fallo. Y la resolución de la Comisión Europea dice literalmente que cualquier persona o firma afectada por la conducta anti-competitiva de los citados fabricantes de camiones puede llevar el asunto ante los tribunales de los Estados Miembros para demandar por daños y perjuicios.

La decisión de la Comisión constituye una prueba, por sí sola, de que la conducta tuvo lugar y fue ilegal. Las multas impuestas por la Comisión no impiden que esos daños sean exigidos.Ahora es necesario que los afectados acudan a los despachos de abogados especializados para formalizar las demandas junto a un informe pericial que calcule el  perjuicio sufrido.

RESUMEN DE LA DECISIÓN DE LA COMISIÓN EUROPEA

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