For businesses with SAP on-premise ERP in the EEA

Did historic SAP support terms cause your business additional cost?

Payments for unused licences, reinstatement and back-maintenance charges, extended support lock-ins or prevented third-party savings may warrant a confidential legal and economic review.

  • Free initial review
  • Confidential
  • No documents at this stage
  • No litigation-cost risk under an agreed funding arrangement
Free, confidential initial review

Could your business have been affected?

Does or did your organisation use SAP on-premise ERP with an EEA connection and SAP maintenance or support?

The current case concerns on-premise ERP support. Cloud-only products require a separate review.

Did any of these situations affect your business?

Select every situation that may apply.

How may we contact you about an initial review?

Please use business contact details. Do not send confidential documents yet.

Your details will be submitted securely. Do not include confidential documents at this stage.

Request received

Thank you. We have received your details.

We will review the information and contact you at the business email address provided.

Background to the SAP case

Why the European Commission intervened

The Commission investigated whether SAP abused what it provisionally considered a dominant position in maintenance and support for on-premise ERP. The case focused on contract terms that may have restricted third-party providers and forced customers to make unnecessary or higher payments.

The starting point

An ERP system is not easily replaced

SAP on-premise ERP is often embedded in finance, HR, production and compliance processes. Replacing it can take considerable time and money. Maintenance and support can, however, also be provided by independent specialists, often at lower prices.

The restriction

Contract terms could make switching harder

The Commission's preliminary view was that SAP's terms could prevent customers from ending support for parts of their landscape, choosing different service levels or moving to a third-party provider.

The possible effect

Less choice and higher costs

The terms may have led to continued payments, reinstatement and back-maintenance charges or savings that customers could not realise. Whether this happened depends on each company's contracts, alternatives and actual decisions.

Four patterns identified by the Commission

What were the specific concerns about SAP?

The key question is whether one of these terms led to an additional payment or prevented a specific saving.

Unused licences, support continued

Maintenance and support could not be ended for unused software licences, so payments continued for services no longer needed.

Reinstatement and back maintenance

After a support interruption, SAP charged or quoted reinstatement fees and payments relating to the period without support.

Non-cancellable term extended

Purchasing additional licences restarted or prolonged the initial term during which support could not be cancelled.

One support model for the full landscape

The whole on-premise ERP portfolio had to use SAP support of the same type and on the same pricing terms, preventing a mix of providers or support levels.

Potential abuse-related losses

What losses may have arisen?

These practices may in particular have caused users the following losses:

  1. Maintenance & Support for unused software licences

    Improperly levied payments for maintenance and support of unused software licences.

  2. Reinstatement and back-maintenance fees

    Payments of improperly levied reinstatement and back-maintenance fees.

  3. Exclusion of termination

    Foregone savings caused by the exclusion of termination during automatically renewed contract terms.

  4. Competition and separate pricing

    Foregone savings due to a lack of competition or separate price negotiations for parts of the maintenance and support or software package.

European Commission, 9 July 2026

The commitments apply going forward. Any historic loss still needs separate proof.

The commitments cover, among other things, landscape splitting, termination rights, initial licence terms and reinstatement charges.

For earlier periods, the decision proves neither an infringement nor a loss. A claim requires review of the specific contract term, how it was applied, its link to a payment or foregone saving, and limitation.

Read the official Commission release
25.09.2025

Formal investigation opened

The Commission set out four preliminary competition concerns.

09.07.2026

Commitments made binding

They apply worldwide for ten years and are monitored by an independent trustee.

NOW

Claimant-level review

Contracts, invoices and real business decisions determine whether a historic claim may exist.

Documents to preserve

Preserve contracts, correspondence and payment records.

For the first enquiry, you do not need to upload anything. For a later review, keep the relevant contracts, SAP correspondence and all maintenance and support payment records.

01

Contracts and termsLicence agreements, support schedules, add-on orders and termination notices

02

Payments and chargesInvoices, credit notes, ledger entries and reinstatement quotes

03

Requests and responsesRequests to reduce, terminate or split support and SAP's response

04

The alternative you consideredThird-party quote, architecture review, internal decision paper or budget

Start without uploading documents
Review process

What happens after your enquiry.

  1. 1

    Initial check

    Tell us which SAP on-premise support issue may apply. No files are needed yet.

  2. 2

    Confidential evidence review

    If the facts look relevant, we provide secure instructions for a focused set of records.

  3. 3

    Legal and economic assessment

    Counsel and specialists assess eligibility, limitation, causation and potential loss.

  4. 4

    Enforcement options

    If the review supports a claim, compare individual or coordinated enforcement and any suitable third-party funding route.

The initial review is free. Funding is separate and always conditional. If a funding partner accepts the case and a funding agreement is signed, the funder bears the costs and risks defined in that agreement. If enforcement fails, those funded costs remain with the funder; only a successful outcome triggers the agreed participation.

Legal advice, funding and project coordination

The experts

Hausfeld Rechtsanwälte LLP, an established litigation funder and Litigation Financing & Capital GmbH work together with clearly defined roles to assess and pursue potential claims.

Legal representation Hausfeld Rechtsanwälte LLP

Specialist competition litigation counsel

Hausfeld Rechtsanwälte LLP is one of the leading firms for antitrust and competition disputes in Germany and internationally. Its team represents businesses in complex competition damages proceedings before German and European courts and has substantial experience with large, third-party-funded cases.

Litigation funding Established litigation funder

Funding for judicial enforcement

Following a successful initial review, an experienced litigation funder can assess the case and make a separate funding offer. If an agreement is concluded, the funder bears the agreed costs and litigation risks.

Identification and project coordination LFC Litigation Financing & Capital GmbH

The central point of contact for the project

Litigation Financing & Capital GmbH, based in Frankfurt am Main, specialises in identifying and preparing third-party damages claims. LFC coordinates the project between claimants, lawyers, experts and the litigation funder.

Its expertise includes structured case identification, implementation using modern IT infrastructure and the management of complex proceedings. Since 2018, the founding team has combined experience in managing large claims projects and in the economic assessment of damages.

Straight answers

Questions your team may ask

Still unsure whether the case fits? A short initial conversation can clarify what is worth preserving.

Contact us directly
What could be the legal basis for a damages claim in Germany?

Depending on the facts, sections 33a(1) and 33(1) GWB together with Article 102 TFEU may be considered. The commitments decision does not create automatic liability or a binding infringement finding, so the legal basis and evidence must be assessed for each claimant.

Can the commitments decision still matter for a claim?

It may be taken into account, but it does not replace individual proof. The Court of Justice has described a preliminary assessment in a commitments decision as a possible indication or prima facie evidence—not as a binding infringement finding.

How is a possible loss assessed?

The starting point is actual contracts, invoices and payments together with a documented alternative. Market-wide estimates or flat percentages do not replace that evidence. Interest may be relevant depending on the applicable law and payment dates.

Does this assessment cover SAP cloud subscriptions?

The current assessment is focused on maintenance and support for SAP on-premise ERP software. A cloud-only issue is outside this case unless its facts independently overlap with the relevant on-premise practices.

What if we never formally complained?

A documented request, quote or decision record can strengthen causation, but the absence of a formal complaint does not automatically end the review. The surrounding contracts, payments and contemporaneous evidence still matter.

Can an insolvency administrator request an assessment?

Yes. An estate may hold historic claims, subject to appointment, ownership, records and any necessary approvals. Please identify the estate and your authority in the initial contact.

Should we upload contracts and invoices now?

Not through this first-stage check. If the facts appear relevant, we will provide confidentiality, data-protection and secure transfer instructions before requesting documents.

Can a possible claim be externally funded?

Potentially. Funding requires a separate case review, a funder's approval and an individual agreement. That agreement determines which legal, court, expert, security, enforcement and possible adverse-party costs are covered, as well as the funder's success participation.

Is there a deadline?

Potential claims may be subject to limitation periods that depend on the contract, jurisdiction, events and knowledge. Early legal review is important; this page cannot determine an individual deadline.

Free initial review

Ask us to check whether your SAP support costs are connected with one of these practices.

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