Replacement Parts Information II (Ersatzteilinformation II)
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rmany Replacement Parts Information II (Ersatzteilinformation II) Decision of the Federal Supreme Court (Bundesgerichtshof) 30 January 2020 – Case No. I ZR 40/17 (ECLI:DE:BGH:2020:300120UIZR40.17.0) Act against Unfair Competition, Sec. 3a; Regulation (EC) No. 715/2007, Art. 6; Regulation (EC) No. 692/2008, No. 2.1, fourth sentence of Annex XIV; Regulation (EU) No. 566/2011
Max Planck Institute for Innovation and Competition, Munich 2020
Keywords Vehicle repair and maintenance information Access to information Spare parts Market conduct Discrimination Form and quality of information a)
Article 6(1), first sentence, 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 (OJEC L 171 of 29 June 2007, p. 1) is a market conduct rule within the meaning of Sec. 3a of the Act against Unfair Competition. b) An automobile manufacturer that gives potential users paid access to an information portal on its website where, by entering a vehicle identification number, they can search for vehicles and find original spare parts, is fulfilling its obligation arising from Art. 6(1), first sentence, of Regulation (EC) No. 715/2007 to provide unrestricted and standardised access to vehicle repair and maintenance information through websites using a standardised format in a readily accessible and prompt manner, even if the information is not provided in a form amenable to onward electronic processing. c) The prohibition of discrimination provided for in Art. 6(1), first sentence, of Regulation (EC) No. 715/2007 is not violated when an automobile manufacturer opens a further channel of information for the sale of original spare parts by engaging an information service provider for the benefit of authorised dealers and repairers, provided that no more or better Translated by Allison Felmy.
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information is available through this information system than that which independent operators can obtain through the manufacturer’s information portal.
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Facts: 1.
The plaintiff is a trade association representing wholesalers of motor vehicle parts. The defendant is a manufacturer of motor vehicles based in S. The motor vehicles manufactured by the defendant are given a vehicle identification number. In a database operated by an affiliate of the same group as the defendant, the components used in a certain vehicle are recorded under the vehicle identification number. Through an internet portal (‘‘K. Global Service Way’’) users can pay to view the data stored for the respective vehicle identification number. This read-only access is given to repairers contracted to the defendant as well as independent operators. Repairers can determine in this way which original replacement parts they will need for a repair.
2.
The plaintiff is of the view that the defendant is obli
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