The European Court of Justice (ECJ) has backed the Automotive Data Publishers Association (ADPA) in its case regarding numerous points regarding the interpretation of the Type Approval Regulations. This major decision is expected to have a large and positive impact on the wider independent automotive aftermarket, enabling it to ultimately propose more innovative, more affordable and more competitive solutions when it comes to accessing vehicle data. 

The ECJ acknowledges that independent data publishers play a critical role in the aftermarket supply chain, through ensuring the provision of standardised databases of repair and maintenance information (in an increasing volume and complexity) to multi-brand repairers.

In order to ensure to their customers that the information they are aggregating and processing is fully reliable, ADPA Members are committed to source it primarily from the vehicle manufacturers themselves, which are establishing such databases for their own franchised networks. However, over the last years, some vehicle manufacturers have drastically increased the fees they charge to independent data publishers for accessing these portals. Way above inflation, these increases are putting at risk, on the short term, the ability of independent data publishers to continue to provide their services at an affordable cost to their customers.

Considering that the Type Approval Regulation (Regulation (EU) 2018/858), and in particular Articles 61 and 63, were protecting data publishers against such practices, ADPA alerted the vehicle manufacturers several times in 2018 and 2019. However, such practices continued and spread, in particular on behalf of PSA, to such extent that the situation led to ADPA having no other choice but to initiate litigation against PSA in front of the regional Court of Cologne (Germany) in September 2019, with the support of German trade association GVA. Very quickly, the Court of Cologne addressed four questions to the ECJ, which it has now answered.

All in all, ADPA welcomes the ruling of the ECJ, which is in line with its own and the European Commission’s legal interpretation of the Type Approval Regulation. This decision, by recognising their specific role in the automotive ecosystem, will enable data publishers to benefit from increased legal certainty and should help them to continue to offer independent, multi-brand and affordable solutions to workshops all over the European Union. The EU lawmaker might consider some additional clarifications, but this is already a crucial step in the right direction for fair competition in the provision of automotive aftermarket services.

Ralf Pelkmann, ADPA President, said, “This is a positive day for the independent automotive aftermarket and, ultimately, for consumers. It will allow the latter to continue benefitting from affordable services from their local multi-brand workshops, as those will continue to be able to access reliable and affordable technical information. We are proud that ADPA, with this initiative, contributed to the well-functioning of our entire ecosystem.”

Pierre Thibaudat, ADPA Director General, added, “It is a major step against current tendencies towards the monopolisation by vehicle manufacturers of aftermarket services and against attempts to keep consumers captive once they acquired a vehicle. It is a great example of the European Union successfully protecting both consumers and competition.”