ANTITRUST | The CJEU ruled on the limitation period in antitrust actions for damages

On 4 September 2025, the European Court of Justice (CJEU) released its judgment (Judgment) on case C-21/24 (CP ag. Nissan Iberia SA), which concerned the request for preliminary ruling raised from a Spanish Civil Court (i.e. Juzgado de lo Mercantil No 1 de Zaragoza) in the context of an action of antitrust damages. In the Judgment, the CJEU stated that national legislation and national courts were precluded from identifying the dies a quo of the limitation period applicable to follow – on actions before the decision of the National Competition Authority had become final, namely when all the judicial review proceedings available under national law had been exhausted. According to the CJEU, only in such moment might the injured party can reasonably be considered aware of the information necessary to enable them to take action for damages. This interpretation – aligned with the principle of effectiveness of EU law – was justified by the fact that, unlike Commission’s decisions, Authority’s decisions finding an infringement of the competition rules, the validity of which could still be called into question, did not bind national Courts and, therefore, they could not be relied on by the injured party to substantiate their action against the possible offender.

Newsletter n. 110 – August/September 2025