Ferries: hauliers can sue
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by Karen Miles • International operators have been given permission to sue five ferry companies for an illegal imposition of a 10% freight surcharge which took place over four years ago.
Hauliers and own-account operators who paid the sur charge in November 1992 received legal clearance last week to pursue their claims for compensation through UK civil courts.
P&O European Ferries, North Sea Ferries, Brittany Ferries, Stena Line and Sea France— the last two were known as Sealink Stena and SNAT at the time of the surcharge—had not filed appeals by last week's deadline against fines imposed by the European Commission for the offences. Brittany Ferries had said it might appeal but never did.
In fining the five a total of £520,000 in October, the Commission had ruled the ferry companies had broken European law when they collaborated on the timing and size of the freight surcharge.
The Road Haulage Association expects some operators to take legal action. The Freight Transport Association, which first complained to Brussels about the surcharge, says it expects operators to weigh up how much they would be likely to recoup against the legal costs incurred.
The surcharge was negotiated away by operators by early 1993—but in the two months before it disappeared 200,000 trucks went through Dover alone. Operators were hit particularly hard because the increased charge came during a difficult economic period.
The increase was charged only to operators paying in sterling. P&O says it happened in a "unique, chaotic moment" when the pound fell out of the Exchange Rate Mechanism.