(1) Claims pursuant to Section 33(1) and Section 33a(1) shall become statute-barred after five years.
(2) The limitation period shall begin to run with the end of the calendar year in which
1. the claim arose;
2. the claimant obtained knowledge, or should have obtained knowledge without gross negligence,
a) of the circumstances giving rise to the claim and of the fact that these constitute an infringement under Section 33(1), as well as
b) of the identity of the infringer; and
3. the infringement pursuant to Section 33(1) giving rise to the claim has ceased.
(3) Irrespective of any knowledge or grossly negligent ignorance of the circumstances under subsection (2) no 2, claims under Section 33(1) and Section 33a(1) shall become statute-barred ten years following the date on which
1. the claim arose and
2. the infringement pursuant to Section 33(1) ceased.
(4) In all other respects, claims shall become statute-barred 30 years following the date on which the infringement pursuant to Section 33(1) that caused the damage occurred.
(5) Statutory limitation shall take effect when one of the periods under subsections (1), (3) or (4) has expired.
(6) Limitation periods for a claim under Section 33(1) or Section 33a(1) shall be suspended if
1. a competition authority takes action for the purpose of conducting an investigation or proceedings with regard to an infringement within the meaning of Section 33(1);
2. the European Commission or the competition authority of another Member State of the European Union – or a court acting as such – takes action for the purpose of conducting an investigation or proceedings with regard to an infringement of Article 101 or Article 102 of the Treaty on the Functioning of the European Union or an infringement of a provision of the national competition law of another Member State of the European Union within the meaning of Section 89e(2);
3. the European Commission or an authority applying the provisions mentioned in Article 1(6) of Regulation (EU) 2022/1925 takes measures with regard to an investigation or with regard to its proceeding conducted due to an infringement of Article 5, 6 or 7 of Regulation (EU) 2022/1925, or
4. the claimant has brought an action against the infringer for the provision of information or surrender of evidence under Section 33g.
The suspension shall end one year after the infringement decision has become final or after the proceedings are otherwise terminated. Section 204(2) sentences 2 and 3 of the German Civil Code shall apply mutatis mutandis.
(7) Limitation periods for a claim to recover compensation under Section 33d(2) for the settlement of a claim for damages under Section 33a(1) shall begin with the settlement of this claim for damages.
(8) In derogation of subsection (2), the limitation period for claims for damages pursuant to Section 33a(1) held by injured parties
1. that are not direct or indirect purchasers or providers of the immunity recipient against the immunity recipient shall begin with the end of the year in which the injured party was unable to obtain full compensation from the other infringers for the harm suffered as a result of the infringement;
2. that are not direct or indirect purchasers or providers of a small or medium-sized enterprise within the meaning of Section 33d(3) sentence 1 against the enterprise shall begin with the end of the year in which the injured party pursuant to Section 33d(3) sentence 2 was unable to obtain full compensation from the other infringers with the exception of the immunity recipient for the harm suffered as a result of the infringement.
Subsection (3) shall not apply to claims for damages for which the limitation period begins to run subject to this paragraph.