A test case brought by German automotive trade body GVA against vehicle manufacturer Scania, in the Regional Court of Cologne has referred several questions to the European Court of Justice. 

One of these questions concerns the refusal of vehicle manufacturers to provide independent operators (parts manufacturers, parts dealers and providers of technical information) with the vehicle identification numbers (VIN) for their vehicles so that they can produce and sell alternative spare parts for individual vehicles. Vehicle manufacturers were arguing they could refuse to disclose the VIN on data protection grounds.

The Advocate General at the European Court of Justice took a different view and agreed with the plaintiff. He stated unequivocally that vehicle manufacturers are obliged to disclose the VIN under Regulation (EU) 2018 858. Secondly, he emphasised that this obligation is at the same time a legal basis for data processing under General Data Protection Regulation, so that the disclosure of the VIN is also permissible under data protection law.

This is now thought that if manufacturers fail to disclose VIN numbers they may be subject to substantial damage claims. 

The case provides another good example of a trade body raising awareness of VM’s misinterpretations of the legislation for the benefit of the automotive aftermarket and ensuring choice for the motorist.