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The need for VINs: Update on the legal case GVA vs SCANIA

Summary

In his most recent opinion statement, the European Advocate General made clear:

  1. OEM have the obligation to provide VINs.
  2. GDPR is no excuse for not providing VINs.

This opinion statement is relevant for the final judgement by the European Court of Justice (ECJ), which is expected for September/October 2023 and means:

  • If an OEM fails to provide independent operators with access to the VINs of his vehicles, this is a breach in legal obligation.
  • This also accounts for the past, which is relevant when it comes to damage claims.
  • As it is an obligation for OEM to provide VINs they cannot be priced separately; this is because the OEM has to offer either a time-based or a transaction-based fee system for all of their RMI.

Independent operators can start asking for VINs now even before the final judgement of the ECJ. OEM should already be prepared to provide VIN lists.

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Written by Wilfried Stöckl

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