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COMMUNICATION FROM THE COMMISSION Guidelines for national courts on how to estimate the share of overcharge which was passed on to the indirect purchaser · European Union

| (6) | By reference to legal principles, established jurisprudence and the provisions in the Damages Directive, these guidelines set out the legal context of passing-on. A short legal section summarises the procedural rules and instruments according to which national courts may take into account the passing-on of overcharges in damages actions. The legal context relates to EU law, national law and the respective practice. In this context, judges need to pay particular attention to the principles of effectiveness and equivalence (7). Firstly, this means that they must apply national rules in such a way that the application does not render practically impossible or excessively difficult the exercise of the right to full compensation for harm caused by an infringement of EU competition law (principle of effectiveness) (8). Secondly, judges must bear in mind that national rules and procedures relating to actions for damages resulting from infringements of Article 101 or 102 TFEU must not be less favourable to the alleged injured parties than those governing similar actions for damages resulting from infringements of national competition law (principle of equivalence).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.