Judgment of the Court (Grand Chamber) of 28 January 2025.ASG 2 Ausgleichsgesellschaft für die Sägeindustrie Nordrhein-Westfalen GmbH v Land Nordrhein-Westfalen.Reference for a preliminary ruling – Competition – Article 101 TFEU – Directive 2014/104/EU – Actions for damages for infringements of competition law – Point 4 of Article 2 – Concept of ‘action for damages’ – Article 3(1) – Right to full compensation for harm suffered – Assignment of compensation claims to a provider of legal services – National law precluding recognition of the standing of such a provider with a view to group collection of those claims – Article 4 – Principle of effectiveness – First paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection.Case C-253/23.

This judgment concerns the interpretation of EU competition law and the right to compensation for harm caused by competition law infringements. Here are the key points:1. The case deals with whether EU law allows injured parties to assign their compensation claims to a legal services provider for collective enforcement, particularly in cases where individual claims would be impractical.2. The Court analyzed whether German law preventing such assignments in competition cases is compatible with EU law principles of effectiveness and the right to judicial protection. The key provisions examined were Article 101 TFEU, Directive 2014/104/EU on antitrust damages actions, and Article 47 of the EU Charter of Fundamental Rights.3. The Court ruled that national laws preventing assignment of competition damages claims to legal service providers for collective enforcement are prohibited by EU law if:

• There are no other effective mechanisms for collective enforcement of claims
• Individual actions would be impossible or excessively difficult, depriving injured parties of effective judicial protection

The Court emphasized that national courts must assess all relevant circumstances to determine if these conditions are met. If national law cannot be interpreted in compliance with EU law requirements, the conflicting national provisions must be disapplied.

Full text by link