Point Zero Legal urges carriers to secure truck toll records from 2023

Point Zero Legal says German trucking firms should preserve toll invoices now and have potential claims from 2023 reviewed individually before possible deadlines pass. The push comes as a new cost model, a CO2 toll component and past EU court rulings keep Germany’s truck toll system under legal scrutiny.

Why it matters: - Germany’s truck toll is a multibillion-euro market, with 2024 revenue at about 13.41 billion euros and 2025 revenue again at about 13.4 billion euros. - About 40.1 billion tollable kilometers were driven in 2024, which shows how much money is tied to the system for carriers and fleet operators. - Companies with large truck fleets could have material exposure if parts of the 2023-onward toll calculation are later found unlawful or only partly valid.

What happened: - Point Zero Legal is telling freight forwarders, logistics companies and large fleets to secure toll records from January 2023 onward and have possible claims reviewed now. - The legal review focuses on the German truck toll from 2023 onward, including the infrastructure cost share under the 2023-2027 road cost study and the CO2-based toll component that has applied since Dec. 1, 2023. - The group says the current review is being handled through separate individual cases, not class actions or bundled proceedings. - The individual legal advice and court representation are being handled by specialized legal partners. - The process-financing model is intended to shift litigation risk to an external funder, with no upfront costs or processing fees for participating companies, subject to contractual terms.

The details: - The European Court of Justice ruled on Oct. 28, 2020, in case C-321/19 that traffic police costs do not belong in infrastructure costs and could not be included in the toll calculation at the time. - A prior legal challenge to the German truck toll began in 2005 and reached the North Rhine-Westphalia Higher Administrative Court, which initially ruled for the hauler in 2012 in case 9 A 2054/07. - The case was later sent back by Germany’s Federal Administrative Court, and a retroactive statutory change ended the proceeding without a final merits ruling. - For 2023-2027, Germany uses a new road cost calculation. - Point Zero Legal says the possible review value under its model is roughly 6% to 10% of the relevant infrastructure cost share, plus possible interest. - That figure is not a promised refund and not a court-confirmed recovery rate. - Whether any claim exists, and how large it could be, must be checked for each company based on its actual toll payments and legal circumstances. - Alexander Peisch, president of the NUANCE37 cooperative and responsible for Point Zero Legal, said: “We do not want to make blanket refund promises. What matters are the actual toll payments of a company, the complete original records and an individual legal review.” - Original monthly toll statements from January 2023 are considered essential for a reliable review. - The company wants carriers to preserve original invoices from their actual toll provider, including Toll Collect, Toll4Europe or Telepass. - Simple payment summaries from fuel or credit card providers may not contain all data needed for a toll-law review. - Company and authorization documents are also needed for the review. - Toll statements are not available for unlimited download in customer portals, which makes early data preservation important.

Between the lines: - Point Zero Legal is framing the issue as a deadline-driven evidence problem as much as a legal one. - The message suggests carriers should not wait for a new landmark ruling before securing records, because possible claims can weaken or expire over time. - The firm says the current economic assessment points to a possible critical date of Dec. 31, 2026, for payments made in 2023, though the exact timing depends on the legal basis, payment date, prior legal steps and the facts of each case. - The absence of a top-court ruling for toll payments from 2023 onward leaves room for claim review, but not for any blanket recovery expectation. - Peisch said each company has different toll volumes, vehicle types and payment histories, which is why Point Zero Legal is using only individual claim assessments and single-company proceedings.

What's next: - Companies considering a claim should secure monthly toll records from 2023 immediately. - They should then have each payment history and legal position reviewed on an individual basis. - Any future recovery effort will depend on the specific company, the original toll documents and the applicable limitation period. - Point Zero Legal directs interested companies to more information and offers consultations through an appointment link.

The bottom line: - Point Zero Legal’s core message is simple: preserve the records now, because any potential 2023 truck-toll claim may hinge on original invoices and approaching deadlines.