In order to justify its restrictive approach, the Oberlandesgericht Karlsruhe relied essentially on the specific wording of Article 33(5).  A literal reading seems to mean that only claims for damages to cartels, which have been created since July 2005, benefit from the toll rule which authorises Article 33(5). The question therefore arose as to whether the legislature, by referring specifically to claims for damages to cartels, based on another provision which entered into force only on 1 July 2005, intended to limit the suspensive effect to the rights of replacement of cartels resulting from their entry into force on 1 July 2005. According to former Article 33(5) of the Law against restrictions of competition (`Article 33(5)), the limitation period for private claims for damage to cartels is prescribed where a national competition authority of an EU Member State or the European Commission has initiated proceedings for the anti-competitive conduct in question.  The question whether the effect of tolls applies to rights to compensation for damage suffered by cartels before the entry into force of Article 33(5) on 1 July 2005, given that the German preliminary proceedings are different in this respect.  Unlike some other appel courts, the Oberlandesgericht Karlsruhe decided, before July 2005, not to apply the law. However, it allowed the appeal, which allowed the parties to take the matter to the highest German civil court in these proceedings. In a decision of principle of 12 In the Grauzementkartell II judgment of 6 June 2018, the Bundesgerichtshof decided that the rights to replace damage agreements suffered before July 2005 did indeed benefit from the toll regime.  The binding effect of final decisions of competition authorities before July 2005. “I find Lexology very relevant and I`ve registered other companies for which I look at a library service to get Lexology, because I think it`s a very rewarding legal resource.” The decision of 12 June on the grey cement II cartel is of paramount importance for the victims of the many major cartels that took place in Germany before 2005, in particular the heavy goods vehicle cartel, the air cargo cartel, the sugar cartel and the grey cement cartel.
 If the Supreme Court had ruled that the July 2005 law did not apply to cases until July 2005, many, if not all, of the victims of these agreements would have been time-barred.