ECJ victory for independent repairers over OBD access

Independent car repairers are celebrating victory at the European Court of Justice (ECJ) after it ruled that car makers cannot restrict access to on-board diagnostic systems.

CECRA which represents 336,720 automotive trade and repair businesses throughout Europe said it welcomed the ECJ ruling that manufacturer-specific restrictions on access to vehicles' on-board diagnostic (OBD) systems are unlawful.

The case was brought by two German businesses: independent repairer chain ATU and Carglass, a vehicle glazing repair and replacement company.

The two businesses argued that Fiat cars equipped with the ‘Secure Gateway’ system infringed EU rules because it stopped full and free access by independent operators to vehicle repair, maintenance and OBD information, including write access.

They explained that in order to perform write operations, erase error codes, perform recalibrations and activate vehicle parts, they had to register with Fiat, log in using personal connection data on a Fiat-designed portal and forced to purchase a paid subscription.

The business launched the action at a regional court in Germany before the case was referred to the ECJ, seeking an order requiring Fiat to desist from making the diagnostics, repair and maintenance of vehicles in Germany subject to those requirements, other than in cases involving full reprogramming of control units.

“This Court decision strengthens our position that security gateways implemented under the pretext of cybersecurity are unfair and conflicting with EU legislations. The decision sends a strong message: EU regulations must be respected without setting barriers to dealers or repairers seeking access to in-vehicle data,” said CECRA.

CECRA claims it is crucial that all dealers and aftermarket operators have equal access to in-vehicle data, functions and resources, in order to ensure fair competition.

Bernard Lycke, CECRA director general, said: “There is no quality and innovative services without an equal access to in-vehicle data. This is the reason for which we continue requesting the European Commission to come very soon with long awaited sector specific legislation. We continue to advocate that fair and transparent practices are essential within the automotive ecosystem so that the interests of consumers, and dealers and repairers, are duly taken into account.”