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| (12) | Both the CJEU jurisprudence and the Damages Directive are important for the assessment of passing-on. Firstly, it is important to recall that according to established CJEU jurisprudence ‘[a]ny person’ is entitled to claim compensation for the harm suffered where there is a causal relationship between that harm and an infringement of Article 101 or 102 TFEU (12). In particular Articles 1(1) and 3(1) and (2) of the Damages Directive make clear that any person having suffered harm caused by an infringement of Article 101 or 102 must be able to effectively exercise the right to claim full compensation (13). Secondly, the Damages Directive's rules on the passing-on of overcharges are rooted in the compensatory principle, which underlies the entire Damages Directive and must be understood as requiring that a person entitled to claim compensation for the harm suffered must be placed in the position in which that person would have been had the infringement not been committed.

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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.