Limitation Rules for Damages Actions arising from Infringements of Competition Law following the Heureka Judgment, Commentary on CJEU, 18 April 2024, Heureka C 605/21 ECLI:EU:C:2024:324

Abstract

In a series of judgments, the ECJ has developed the case law on limitation periods for competition law damages actions. The Heureka judgment further develops this judicature by not only explaining the determination of the applicable law ratione temporis, but in particular by spelling out the requirements of EU primary law. These largely coincide with the requirements of the Cartel Damages Directive. Finally, the statements regarding the acquisition of knowledge from the publication of the summary of the Commission’s decisions in the Official Journal, which also allow conclusions to be drawn for stand-alone cases, are of great importance. It also becomes apparent that in particular the requirement of knowledge of the fact that the infringer’s conduct constitutes an infringement must lead to strict requirements for the acquisition of knowledge.