The Court of Justice of the European Union (CJEU) has finally settled a question that has long divided Spanish courts: when does the limitation period start for damages claims following an antitrust infringement decision by the Spanish Competition Authority (CNMC)?

In its judgment of 4 September 2025, in Case C-21/24 (Nissan Iberia), the CJEU ruled that the limitation period begins not when the CNMC publishes its decision online, but when that decision becomes final after judicial review. In practice, this means that claimants have more time to seek compensation, since the five-year period set by the EU Damages Directive will only start once the sanction is confirmed by the courts.

This approach differs from cases involving European Commission decisions. In its Heureka ruling, the CJEU held that the publication of the Commission’s summary decision in the Official Journal was enough to trigger the limitation period. The distinction lies in the binding effect: unlike Commission decisions, CNMC resolutions only become binding on national judges once they are final. Until then, victims cannot be expected to have all the information needed to file a claim with legal certainty.

The ruling is consistent with recent judgments of the Spanish Supreme Court and brings welcome clarity for claimants in follow-on damages actions, who can now rely on having five years from the finality of the sanction to bring their case before the courts.