The European regulations must be interpreted as prohibiting a vehicle manufacturer from imposing on independent operators additional conditions for access to the vehicle repair and maintenance information and to the OBD system information which is not provided for in the Regulation. Thus, conditions such as connecting the Internet diagnostic tool to a server designated by the manufacturer or prior registration of independent operators with the manufacturer are not permitted by the aforementioned Regulation.
The Court of Justice of the European Union finds that vehicle manufacturers must provide independent operators with unrestricted, standardised and non-discriminatory access to the OBD system information and diagnostic data, as provided for in the Regulation.
This information must be presented in an easily accessible format and can be processed electronically. Exceptions to this unrestricted access are related to security issues and additional conditions imposed by manufacturers, such as connection to a designated server or prior registration, are prohibited.
The Court emphasises that the interpretation of the Regulation must support competition on the motor vehicle service market, ensuring fair access for independent operators to information essential for the repair and maintenance of vehicles. Thus, the main aim is to avoid unjustified restrictions that could lessen competition and adversely affect consumers.
