Refusal of eco-tax: the state obliged to pay several tens of millions of euros as compensation to companies involved in electronic tolls

The state was ordered on Thursday to pay tens of millions of euros in compensation to three electronic toll collection companies that suffered losses after the abolition of the eco-tax on trucks in 2014, the Cergy-Pontoise administrative court said in a press release.

The three companies – Total Marketing Services, Eurotoll and DKV Euro Services – were required to equip heavy goods vehicles subject to eco-tax with electronic toll boxes. The government finally abandoned the eco-tax in 2014 due to the Red Hat revolt in Brittany.

To collect this new tax, the government appointed Ecomouv’, a company responsible for installing and operating overpasses on roads. The company itself has entered into agreements with several electronic toll collection companies.

In 2018, “the court considered that the state made a mistake by terminating the contract concluded with Ecomouv,” recalled the administrative court of Cergy-Pontoise.

“Abnormal and Special Harm”

In another decision, this time on appeal, the courts assessed in 2021 that electronic toll collection companies “suffered abnormal and special damages”, in particular due to the purchase of equipment to equip trucks that ultimately did not used.

Therefore, the administrative court ordered the state to compensate Total Marketing Services in the amount of 15.8 million euros. DKV Euro Services, for its part, will receive 13.6 million euros. Eurotoll compensation was not specified in the decision.

Ecomouv’ received a net compensation of €403 million from the government in 2015 as a result of the termination of a contract that obligated it to implement and collect ecotax.