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Case C-296/22, A.T.U. Auto-Teile-Unger and Carglass: Judgment of the Court (Eighth Chamber) of 5 October 2023 (request for a preliminary ruling from the Landgericht Köln — Germany) — A.T.U. Auto-Teile-Unger GmbH & Co. KG, Carglass GmbH v FCA Italy SpA (Reference for a preliminary ruling — Regulation (EU) 2018/858 — Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles — Article 61(1) and (4) — Point 2.9 of Annex X — Motor vehicle on-board diagnostic (OBD) information — Unrestricted, standardised and non-discriminatory access — Manufacturers’ obligations — Rights of independent operators)
ECLI:EU:UNKNOWN:62022CA0296
62022CA0296
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Official Journal of the European Union
Series C
C/2023/730
(Case C-296/22, (*) A.T.U. Auto-Teile-Unger and Carglass)
(Reference for a preliminary ruling - Regulation (EU) 2018/858 - Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles - Article 61(1) and (4) - Point 2.9 of Annex X - Motor vehicle on-board diagnostic (OBD) information - Unrestricted, standardised and non-discriminatory access - Manufacturers’ obligations - Rights of independent operators)
(C/2023/730)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: A.T.U. Auto-Teile-Unger GmbH & Co. KG, Carglass GmbH
Defendants: FCA Italy SpA
Operative part of the judgment
Article 61(1) and (4) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC, read in conjunction with Annex X to Regulation 2018/858,
must be interpreted as
precluding a vehicle manufacturer from making access by independent operators to vehicle repair and maintenance information and to on-board diagnostic information, including write access to that information, subject to conditions other than those laid down in that regulation.
(*) Language of the case: German.
ELI: http://data.europa.eu/eli/C/2023/730/oj
ISSN 1977-091X (electronic edition)