Austrian OGH on Interest for Cartel Damages

Jun 18, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently examined the issue of entitlement to interest on damages claims for companies affected by cartel conduct. The central question considered was whether interest should begin to accrue at the time the damage occurs or only upon the commencement of legal proceedings.

In the case at hand, a transport company had pursued damages arising from the so-called ‘truck cartel.’ The European Commission determined that multiple truck manufacturers had participated in anti-competitive price-fixing between 1997 and 2011. During this timeframe, the claimant acquired several lorries and, due to the cartel's activities, incurred increased costs as a result of inflated prices.

Interest as Part of Full Compensation for Damages

While the courts of first and second instance awarded damages, they limited interest to the period beginning from the date of claim service. The claimant asserted that, pursuant to EU law, comprehensive compensation for cartel-related damages should encompass interest accruing from the moment the loss was incurred.

The OGH submitted this issue to the Court of Justice of the European Union (CJEU), which determined that the payment of interest is encompassed within the EU principle of full compensation. Individuals adversely affected must be restored to the financial position they would have held if the cartel violation had not occurred.

Accrued interest commencing from the date of product purchase

Based on this ruling, the OGH partially allowed the appeal, determining that interest is due from the moment the damage is sustained. In cases involving cartels resulting in excessive purchase prices, the damage is considered to arise at the point of each transaction or payment of the inflated amount.

Consequently, interest was granted to the claimant for each separate truck purchase, calculated from the corresponding acquisition date instead of the commencement of legal action.

OGH 3Ob76/26m (2 June 2026)