The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)

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On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain provisions of Directive 2014/104/EU (the “Directive”), namely Article 10 on limitation periods to claim damages and Article 17 on presumption and quantification of harm caused by a cartel. Significantly, the ECJ also provided clarification on when the limitation period for antitrust damage claims can be deemed to have started according to EU law (dies a quo).