Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 5 May 2022 – A.T.U. Auto-Teile-Unger GmbH & Co. KG and Carglass GmbH v FCA Italy SpA
(Case C-296/22)
Language of the case: German
Referring court
Landgericht Köln
Parties to the main proceedings
Applicants: A.T.U. Auto-Teile-Unger GmbH & Co. KG, Carglass GmbH
Defendant: FCA Italy SpA
Question referred
Is Article 61(1) and (4) of Regulation 2018/858, 1 read in conjunction with point 2.9 of Annex X thereto, which obliges the vehicle manufacturer, for the purpose of vehicle OBD, diagnostics, repair and maintenance, to make the direct vehicle data stream available through the serial data port on the standardised data link connector, also taking into account the requirements imposed on the vehicle manufacturer to guarantee the general safety of the vehicle in Item 63 of Part 1 of Annex II to that regulation
– read in conjunction with Regulation No 661/2009 1 as regards vehicles type-approved prior to 6 July 2022, in particular Article 5(1) thereof, and
– read in conjunction with Regulation 2019/2144, 1 applicable as of 6 July 2022, and in particular Article 4(4) and (5) thereof,
to be interpreted as meaning that the vehicle manufacturer must always ensure, including when implementing relevant safety measures, that the vehicle OBD, diagnostics, repair and maintenance, including the write operations necessary for these purposes, can be carried out by independent repairers using a universal and generic diagnostic tool, without any need to meet requirements, not expressly stipulated in the regulation, for the device to have an internet connection to a server designated by the manufacturer and/or for the user to have personally registered with the vehicle manufacturer beforehand?
____________
1 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 (OJ 2018 L 151, p. 1).
1 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ 2009 L 200, p. 1).
1 Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ 2019 L 325, p. 1).