ATU, an independent repairer, and Carglass have taken a test case against Fiat Chrysler which challenges obstructions the vehicle manufacturer has in place regarding vehicle data access.
Effective access to vehicle data is critical for independent workshops of all kinds and is generally achieved through multi-brand diagnostic devices connected to the OBD port.
However, as many workshops are finding accessing this data freely is becoming more difficulty. Often registration and a license fee are required, or data has to flow through the manufacturer server. It is a practice that many argue could lead to a restriction in customer choice and rising repair costs.
ATU and Carglass both believe that allowing vehicle manufacturers to make post-sale diagnosis contingent on the fulfilment of registration and fees is incompatible with European law. They have taken a test case at the Regional Court of Cologne against Fiat Chrysler, which has now been referred to the European Court of Justice.
The ECJ will now decide whether conditions imposed by FCA for the activation of the OBD port are admissible under EU law. ATU and Carglass hope that this action will provide legal certainty throughout the EU and will be binding for both the vehicle manufacturers and all independent market players.