# C_2019399EN.01001501.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/15 |
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25.11.2019

EN

Official Journal of the European Union

C 399/15

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Judgment of the Court (Second Chamber) of 19 September 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Gesamtverband Autoteile-Handel eV v KIA Motors Corporation

(Case C-527/18) (1)

(Reference for a preliminary ruling - Approximation of laws - Motor vehicles - Regulation (EC) No 715/2007 - First sentence of Article 6(1) - Vehicle repair and maintenance information - Manufacturers’ obligations towards independent operators - Unrestricted access to that information in a standardised format - Procedures - Prohibition of discrimination)

(2019/C 399/17)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Gesamtverband Autoteile-Handel eV

Defendant: KIA Motors Corporation

Operative part of the judgment

| 1. | The first sentence of Article 6(1) of 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 must be interpreted as not requiring automotive manufacturers to provide independent operators with access to vehicle repair and maintenance information in a form that is amenable to onward electronic processing. |
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1.

The first sentence of Article 6(1) of 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 must be interpreted as not requiring automotive manufacturers to provide independent operators with access to vehicle repair and maintenance information in a form that is amenable to onward electronic processing.

| 2. | The first sentence of Article 6(1) of Regulation No 715/2007 must be interpreted as meaning that, the fact that an automotive manufacturer opens, for the benefit of authorised dealers and repairers, a further channel for information on the sale of original replacement parts by authorised dealers and repairers by engaging an information service provider does not constitute access for independent operators that is discriminatory in comparison to the access granted to authorised dealers and repairers, within the meaning of that provision, since the independent operators also have access to vehicle repair and maintenance information that is non-discriminatory with regard to the content provided and the access granted to authorised dealers and repairers. |
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2.

The first sentence of Article 6(1) of Regulation No 715/2007 must be interpreted as meaning that, the fact that an automotive manufacturer opens, for the benefit of authorised dealers and repairers, a further channel for information on the sale of original replacement parts by authorised dealers and repairers by engaging an information service provider does not constitute access for independent operators that is discriminatory in comparison to the access granted to authorised dealers and repairers, within the meaning of that provision, since the independent operators also have access to vehicle repair and maintenance information that is non-discriminatory with regard to the content provided and the access granted to authorised dealers and repairers.

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(1)  OJ C 445, 10.12.2018.

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