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Noticia


Fenadismer has not hesitated to recommend “absolute prudence” in relation to the judicial outcome of the first claims against the cartel of truck manufacturers that are being processed in Spain. And it says that: “excessive public relevance has been given to a favorable judgment issued by a Court of First Instance in Murcia, ignoring that judgments have also been issued rejecting other claims filed.” They warn that: “with will take a long judicial battle foreseeably until the Supreme Court, for what the manufacturers of trucks have hired legal offices and economists of first level”.

Fenadismer does not hide its concern about the judgment issued by a Court of First Instance of Murcia because this ruling can create a mirage for the thousands of carriers that have decided to present their legitimate claim against the participating manufacturers of the cartel. “It should be clear that the ‘famous’ judgment of the Court of First Instance of Murcia is not the first ruling that has been issued in Spain, but have been issued several judgments by different courts of first instance with a result unfavorable to the interests of the claimants, in most cases because the expert report that accompanies the claim, and that determines the amount of damage to claim, is not sufficiently motivated, so it has been rejected by the courts.

In fact, in a judgment issued by the Commercial Court No. 1 of Zaragoza on December 13, the judge fully accepts the arguments of the experts hired by the defendant manufacturers, which dismantle the method of calculation of the damage established by the plaintiff in his expert report, based exclusively on the establishment of a percentage on a historical average of previous cartels in other sectors, but without setting a precise econometric criterion on the calculation of the damage actually caused to the claimant, for which he dismisses the claim filed.

At this point, Fenadismer insists on warning the carriers that they are going to complain against the manufacturers so that they are cautious and “do not be fooled” about the possible legal offers that can be found in the market not specialized in this type of claims, taking in account that its final resolution will lead to a long judicial battle that will foreseeably reach the Supreme Court, which makes it imperative that the demands and expert reports accompanying them are technically well founded, to avoid possible dismissals and the resulting condemnation in costs to the complaining party.

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Noticia

The associations of transporters that make up the National Road Transport Committee have formally addressed the Ministry of Industry to convey the “discomfort” of the sector “with the protocols established for the tractor trucks in terms of measuring the effectiveness of braking It refers, given that in many cases the unfavorable rating to the tractors is not due to a problem of the vehicle but that the ITV facilities are not adjusted as they should, Fenadismer reports.

From the organization they communicate that: “when a tractor with air intakes and without being coupled to a semitrailer is presented to the periodic review, the equipment envisaged to perform the braking test (rollers), is not able to make an adequate reading of the parameters of the vehicle when it is ejected by the rollers “.

The response from the ITV station is that although they recognize that it may not be a defect of the vehicle, it is necessary that it is presented coupled to a semi-trailer with a certain level of load, relate from the collective chaired by Julio Villaescusa. “In fact, without intervening in the brakes of the rejected vehicle, it is presented coupled and the result is usually favorable,” they reveal.

In the statement written by the National Committee to the Undersecretary of Industry, he is told that “a good part of the carriers in our country do not provide their services with a complete set of vehicles, but the commercial relationship they maintain with their shipper is in the modality of ‘enganche’, only the transporter contributing its tractor unit, therefore, they do not have their own semi-trailers or load available to be able to present their vehicles to the periodic technical inspection. These transporters, who have opted for the installation of additional air intakes in their vehicles, depending on the ITV stations facilities are rejected their vehicles and have to go with a semi-trailer under a loan or rent, with the consequent risk and expense , without, in our opinion, it is your responsibility that you do not have the proper equipment to be able to finish the braking efficiency with the uncoupled vehicle “.

From Fenadismer remember that since the implementation of the new braking measurement system seven years ago, cases of error have increased which has increased damage and inconvenience to carriers, especially in the case of tractors.

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