A court ruling in Germany has backed up a previous decision by the European Court of Justice that ensures wider access to technical vehicle manufacturer data for the independent automotive aftermarket.
The Regional Court of Cologne found in favour of Automotive Data Publishers Association member Belron in a decision which aims to promote fair competition in the industry by stating that vehicle manufacturers must not impose restrictive conditions around access to technical data.
Matthew Wright, Chairman of the ADPA Legal Task Force, said: “The courts have repeatedly confirmed that it has always been the intention of European legislation to preserve competition in the automotive aftermarket. Forcing the independent aftermarket into litigation is a regrettable tactic to try to ignore it, and should act as a wake wake-up call for national and European enforcement authorities and lawmakers to proactively protect the independent aftermarket.”
Pierre Thibaudat, ADPA Director General, added: “The case law has clearly highlighted the importance of current regulation in ensuring effective competition. Security concerns should not serve as a ground to restrict competition where alternative, proportionate measures can be put in place to mitigate them. This principle is essential to ensure that the continuous roadworthiness of vehicles remains affordable, and should guide any future legislation on the automotive sector in general and the aftermarket in particular.”
