Sometimes things are not as clear as they seem – at least for some. Then it can happen that a court decision is necessary to bring clarity for all. And every now and then it takes the highest court to actually help a right to its right. Last week we have seen such a case, when the European Court of Justice (ECJ) confirmed with its rulling. Independent repairers have a firmly established right to unrestricted and standardized access to data, which they need for addressing technical problems, maintenance, and ensuring the proper functioning of vehicles without any form of competitive disadvantage. In other words, this means: Now we can be sure of what we already knew.
What was the trigger for this ruling?
The trigger was FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More Italy’s “Secure Gateway” and how they handle access to it (please note: since 2023 FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More Italy, the Italian subsidiary of the Stellantis Group, is called Stellantis Europe). In simple terms, the Secure Gateway is an electronic control unit or hardware in the vehicle. Its purpose is to control and protect communication and data exchange between various parts of the vehicle and external devices. It particularly regulates access to data and information through the OBDOBD – The OBD adapter can read out errors and helps monitor certain vehicle functions. Likewise, you can use the interface for exhaust emission testing, for example. Values such as engine load, temperature or speed can also be displayed in real time. More port. And this is why the Secure Gateway is essential when it comes to repair and maintenance, because it is needed for diagnostic work, fault clearing, recalibrations, and other maintenance and repair tasks.
However, FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More uses the Secure Gateway to restrict access via the OBDOBD – The OBD adapter can read out errors and helps monitor certain vehicle functions. Likewise, you can use the interface for exhaust emission testing, for example. Values such as engine load, temperature or speed can also be displayed in real time. More port for independent repair shops through self-defined requirements that go beyond the provisions in the European Type Approval Regulation. These requirements include mandatory registration with FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More, signing up with a server designated by FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More, and a paid subscription to use a diagnostic device that connects to FCA’s server via the internet.
What is also worth mentioning…
FCAFCA – Fiat, Chrysler Automobiles – was an automotive group legally based in Amsterdam and operationally headquartered in London, formed from the merger of Italy’s Fiat S.p.A. and U.S.-based Chrysler Group LLC. In the meantime with PSA becoming Stellantis More argued with cybersecurity requirements, referring to UN Regulation 155 (= “Uniform provisions concerning the approval of vehicles with regards to cyber security and cyber security management system”). However, the ECJ referred in this context precisely to the UN Regulation itself, where paragraph 1.3 states that R155 is without prejudice to, inter alia, “regional or national legislations governing the access by authorised parties to the vehicle, its data, functions and resources, and conditions of such access”.
Who brought this case to the court?
Initially this lawsuit was filed at the Landgericht Köln (Germany) by ATU and Carglass. But in the end, the final rulling was passed at the ECJ. It found that FCA’s approach clearly contradicts the current European Type Approval Regulation (2018/858).
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