European industry bodies AFCAR and ETRMA have welcomed the recent European Court of Justice  ruling in the case of Carglass/ATU vs. FCA as a significant leap towards fostering fair competition in the automotive aftermarket industry, ultimately benefiting European consumers. 

The aftermarket bodies say this is a momentous decision that echoes our unwavering commitment to establishing a level-playing field and ensuring equitable access to diagnostic, repair and maintenance information (RMI) and vehicle data. 

This judgment says vehicle manufacturers are bound by the limitations specifically foreseen in the Type Approval Regulation 2018/858 concerning access to OBD and repair and maintenance information. Independent operators must be granted access to the “full diagnostic data stream” via the OBD port, encompassing data reading and writing during standstill, and data reading when the vehicle is in motion.

Another key aspect of the ECJ judgement is the recognition that compliance with UNECE Regulation R155 on Cybersecurity (now cross-referenced in the EU General Safety Regulation 2019/2144) does not absolve vehicle manufacturers of their RMI obligations under the Type Approval legislation. The Court ruled that imposing a secure gateway with conditions that obstruct legitimate operators’ access rights is prohibited.

AFCAR and ETRMA  also point out it is important to note that the ECJ case exclusively pertains to repair and maintenance use cases. Sector-specific legislation must extend this scope to foster innovation and service development across the broader mobility and automotive services landscape. Embracing the opportunities presented by the digital and green transition mandates that all market participants have fair and secure access to in-vehicle data, functions, and resources under the proposed legislation.