VDAT v Porsche court case reaches successful conclusion
15th October 2020
The PAAA is pleased to announce that it has recently received a report from the ETO - its partner association that represents the European specialist equipment and tuning industry – confirming that the case between VDAT (Verband der Automobiltuner), has been concluded in favour of the industry.
Here’s a brief history of the case:
In November 2013, VDAT filed a lawsuit in Germany against Porsche after the manufacturer ordered that vehicles, accessories and spare parts should not be supplied to the tuning industry. It also stated that the tuning industry should not be able to provide Porsche owners aftermarket parts that would replace or augment the original items.
In addition to the tuning companies, Porsche also tried to prohibit sales of cars and parts to anyone who was remotely associated to a performance aftermarket business – even if the car was only intended to be a regular means of transport.
On 2nd April this year, a judgement by the Oberlandesgericht (Higher Regional Court) in Stuttgart ruled that Porsche’s attempt to impose these restrictions was a violation of the German and European antitrust law. The court decided that VDAT’s protest was entirely justified and consequently, the ruling was made in favour of the association who consequently won the case outright.
After the verdict was pronounced, Porsche submitted an application to question the facts of the OLG ruling. A measure that served to weaken the grounds for the judgment.
However, the application for a correction of the facts was rejected by the OLG Stuttgart on 6th August resulting in the second instance of the procedure being declared final and consequently, secured a positive outcome for the VDAT and the aftermarket tuning industry as a whole.