# C_2022472EN.01001701.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/17 |
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12.12.2022

EN

Official Journal of the European Union

C 472/17

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Judgment of the Court (Eighth Chamber) of 27 October 2022 (request for a preliminary ruling from the Landgericht Köln — Germany) — ADPA European Independent Automotive Data Publishers, Gesamtverband Autoteile-Handel eV v Automobiles PEUGEOT SA, PSA Automobiles SA

(Case C-390/21) (1)

(Reference for a preliminary ruling - Market for vehicle repair and maintenance information services - Regulation (EU) 2018/858 - Article 61 - Obligation on automotive manufacturers to provide vehicle repair and maintenance information - Scope - Right of access to that information - Independent operators - Publishers of technical information - Article 63 - Reasonable and proportionate fees for access)

(2022/C 472/19)

Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings

Applicants: ADPA European Independent Automotive Data Publishers, Gesamtverband Autoteile-Handel eV

Defendants: Automobiles PEUGEOT SA, PSA Automobiles SA

Operative part of the judgment

| 1. | Articles 61 and 63 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 Article 86(1)(4) and Article 86(2) of, and point 1 of Annex XI to, that regulation,
  must be interpreted as meaning that they apply to vehicle models which were approved under Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information. |
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1.

Articles 61 and 63 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 Article 86(1)(4) and Article 86(2) of, and point 1 of Annex XI to, that regulation,

must be interpreted as meaning that they apply to vehicle models which were approved under Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information.

| 2. | Article 61(1) of Regulation 2018/858
  must be interpreted as meaning that the obligation which it imposes on automotive manufacturers to provide unrestricted, standardised and non-discriminatory access to vehicle repair and maintenance information, defined in Article 3(48) of that regulation, includes the obligation to allow publishers of technical information to process and use that information for the purposes of their activities in the aftermarket supply chain, without subjecting them to conditions other than those laid down in that regulation. |
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2.

Article 61(1) of Regulation 2018/858

must be interpreted as meaning that the obligation which it imposes on automotive manufacturers to provide unrestricted, standardised and non-discriminatory access to vehicle repair and maintenance information, defined in Article 3(48) of that regulation, includes the obligation to allow publishers of technical information to process and use that information for the purposes of their activities in the aftermarket supply chain, without subjecting them to conditions other than those laid down in that regulation.

| 3. | Article 63 of Regulation 2018/858, read in the light of recital 52 of that regulation and the principle of equal treatment,
  must be interpreted as meaning that the concept of ‘reasonable and proportionate fees’, set out in that article, first, requires automotive manufacturers to take into consideration the commercial activity in which the vehicle and repair maintenance information is used by the different independent operators and, second, allows them to charge fees which go beyond solely the costs borne as a result of access to that information, which that regulation requires them to grant to those operators, on condition, however, that those fees do not have a deterrent effect for those operators. |
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3.

Article 63 of Regulation 2018/858, read in the light of recital 52 of that regulation and the principle of equal treatment,

must be interpreted as meaning that the concept of ‘reasonable and proportionate fees’, set out in that article, first, requires automotive manufacturers to take into consideration the commercial activity in which the vehicle and repair maintenance information is used by the different independent operators and, second, allows them to charge fees which go beyond solely the costs borne as a result of access to that information, which that regulation requires them to grant to those operators, on condition, however, that those fees do not have a deterrent effect for those operators.

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(1)  OJ C 368, 13.9.2021.

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