In a recent article published in SEW, our partner Sebastien Engelen and senior associate Lise Ryckaert analyse the Brussels Court of Appeal’s judgment of 18 November 2024 on the European Commission’s damages claim following the 2007 Elevators cartel decision.

𝐓𝐡𝐞 𝐤𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲? Even where a cartel infringement is established, claimants still face a high evidentiary burden to prove actual harm and causation. In this case, despite a confirmed infringement, the Commission’s claim ultimately failed due to lack of concrete evidence of harm and causation.

Interestingly, by contrast more recent case law (Ghent Court of Appeal, Trucks cartel, 15 September 2025) points to a more pragmatic approach, with Belgian courts increasingly willing to estimate damages where precise proof is difficult.

This analysis highlights the growing importance of the EU Damages Directive (including, among other things, the presumption of harm and enhanced access to evidence), as well as the decisive role of judicial assessment in cartel damages claims.

👉 You can read the full analysis here.

Feel free to reach out if you’d like to discuss further or have any questions.

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