The Court of Justice of the European Union (CJEU) rules in favor of Carglass and ATU. In the case between the glass breakage specialist and the network of German auto centers and the FCA group, it considered that the manufacturer cannot impose conditions of access to vehicle data not provided for by European regulations.
To justify its legal action, Carglass recalled that the recalibration of advanced driving assistance systems (Adas) after replacing the windshield requires access to vehicle data. ©Belron
European justice has ruled. In the context of the case between Carglass and ATU and the FCA group (Stellantis), the CJEU ruled, on October 5, 2023, in favor of the glass breakage repair brand and the network of German auto centers ( subsidiary of the Mobivia group). It has, in fact, ruled that the specific restrictions on manufacturers concerning access to vehicle on-board diagnostic (OBD) systems are illegal.
“Secure Gateway“: the point of contention
This judgment constitutes a victory for those involved in independent repair, which the European Council for Automobile Trade and Repair (Cecra) did not fail to underline, which sees it as a “strong message” from Europe.
“This Court decision reinforces our position that security gateways implemented under the pretext of cybersecurity are unfair and contrary to EU law“, insists the professional organization.
At the heart of this case is the question of the subordination, by a manufacturer, of access to information, diagnostic equipment and the OBD system to certain conditions and, if so, which ones. However, Stellantis requires, in addition to registration and personal connection to a server (so-called “Secure Gateway” protocol), that the independent repairer take out a paid subscription for the use of generic diagnostic tools connecting him to the server. These measures are, according to the manufacturer, necessary for cybersecurity reasons.
To justify this procedure, Stellantis relies on UN Regulation 155, which will regulate automotive cybersecurity from July 2024. But according to ATU and Carglass, EU approval regulation 2018/858 does not provide for such conditions.
The two networks also considered that Stellantis’ measures affected the competitiveness of approved repairers. This is why they took action against Fiat Chrysler (FCA Italy SpA) to the Cologne Regional Court. In 2022, the court preferred to refer the case to the CJEU.
A judgment ratified by the Data Act ?
Ruling therefore in favor of ATU and Carglass, the CJEU recalled the obligation, for car manufacturers, to “provide unlimited, standardized and non-discriminatory access to OBD system information as well as vehicle repair and maintenance information“.
This measure includes the obligation to allow independent operators to process and use this information without being subject to conditions other than those provided for by European texts.
For Cecra, this decision must now be validated, within the framework of the Data Act regulations, by specific sectoral legislation.
“There are no quality and innovative services without equal access to on-board data! This is why we continue to ask the European Commission to present the long-awaited sector-specific legislation very soon. We continue to advocate that fair and transparent practices are essential within the automotive ecosystem so that the interests of consumers, as well as dealers and repairers, are duly considered“, noted Bernard Lyckegeneral director of Cecra.
A speech that echoes that of Jean-Pierre Filippinigeneral manager of Carglass Germany, who now hopes that manufacturers will comply with the CJEU judgment: “We now expect all car manufacturers to respect the CJEU’s interpretation of the law and immediately end all restrictions on access to the OBD port […]”.
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