Irrespective of the administrative proceedings, customers of the cement cartel members - mostly medium-sized companies in the sector of concrete production and manufacturing - were severaly damaged, some have even been ruined. Right after the uncovering of the cement cartel, a significant slump in cement prices could be observed. Consequently, the damaged cement customers raised the question whether and how they could get their damages compensated.

By founding CDC Cartel Damage Claims SA in autumn 2002 in Brussels, the legal and factual conditions for claims bundling within an autonomous organisational unit have been created for the first time. In the aftermath, CDC acquired the damage claims of many affected companies by way of purchase and assignment.

Through its legal counsels, OPPENLÄNDER Rechtsanwälte, CDC brought an action for damages before the Regional Court of Düsseldorf (Germany) in August 2005 and extended its claim in December of the same year (Ref. No. 34 O (Kart) 147/05). CDC enforces the claims of 29 injured companies against the six leading members of the German cement cartel. The total damage claim amounts to approximately € 152 million (without interest).

On the one hand, CDC's claim is based on evidence gathered by the FCO. On the other hand, CDC gathered and analysed data of the cement purchases of its business partners by using the "tradebaCCC"-procedure. For this purpose, external experts in economics have also been consulted.

The defendants first tried to obtain a suspension of the private law proceedings until the end of the monetary fine proceedings. However, with Court Order of 09/03/2006 the Regional Court of Düsseldorf rejected the requests for suspension. The defendants' appeals on this order have been rejected by the Higher Regional Court of Düsseldorf (Court Order of 03/05/2006 (Ref. No. VI-W (Kart) 6/06)).

The first hearing on the case itself took place on 06/12/2006. By interlocutory judgement of 21/02/2007 the Regional Court established the admissibility of the claim. The defendants appealed the interlocutory judgement before the 1. Cartel Senate of the Higher Regional Court of Düsseldorf. On 14/05/2008 the Higher Regional Court of Düsseldorf rejected the appeals and confirmed the admissibility of the claim (press release, judgement, in German only). The proceedings will now be continued before the Regional Court of Düsseldorf.

Dyckerhoff AG was the only company which appealed the decision of the Higher Regional Court of Düsseldorf not to grant the possibility of appeal to the Federal Court of Justice. However, the judgement of the Düsseldorf court has become legally binding for the remaining defendants.