OLG judgment: work on vehicle electronics only for qualified companies!

All workthat are in the Board computer / the system of the motor vehicle intervene Operational reservedthat for it professionally qualified are. This applies, for example, if a Registration as a Motor vehicle operation in the Craft role present (Ref. 2 U 10/20). This state of affairs was beginning of the year (April 09, 2020) with a Notice decision by the Higher Regional Court (OLG) Stuttgart clarified after the Competition headquarters has requested this clarification. A long-term decision was decisive for the notification decision Dispute.

For motor vehicle companies it means that essential parts of the job description may only be provided if the necessary ones Entry in the craft register exists and the professional qualifications is proven. This also includes the electronic retrofitting of a vehicle, for example the Backup camera, "Navigation Professional", "Park Distance Control" or "Head-Up Display". Reading out of the error memory using VCDS and Co. or the encoding of control units subject this regulation.

In the negotiated case, these same services were offered online by the owner of a car repair shop. However, there was no entry in the craft register. Since, according to the Central Office for Combating Unfair Competition, these are among the core competencies of the motor vehicle trade, the company received on 26. February 2016 Warning. The settlement procedure at the Stuttgart Chamber of Industry and Commerce began on April 03rd, 2019 declared a failure. Owing to Deception and violation of the Craft regulations according to § 1 of the market behavior regulations raised the competition center Lawsuit at the Stuttgart Regional Court (Ref. 11 0 334/19).

The Stuttgart Regional Court gave the lawsuit in its Judgment of December 12, 2019 instead of . In addition, a notification decision by the OLG on April 09, 2020 also clarified an appeal wanting to reject. Because the OLG classifies the advertised services directly in the on-board computer / system the eingreif, as one Core area of ​​the automotive trade a. Both that coding the control units as well as that Read fault shape the craft essential.

The OLG and Master's degree professional picture of Motor vehicle technician master regulation hold the same opinion in this case. Modern vehicles have numerous safety-related systems like the Comfort-, Information, communication, Security and Driving assistance systems. There is an intervention in these systems synonymous with activities electronic or mechanical Components of a vehicle. In response to these statements, the calling was made by the advertising vehicle workshop withdrawn. Online advertising for the encoding from Vehicle control units is so anti-competitivewhen the advertiser not has an entry in the craft register.