01

Monti Regulation

(replaced by B.E.R. UE 461/2010 dated 27/05/2010)

It is a european regulation seeking to ensure that the final customer has the possibility to choose among different alternatives; it also guarantees that all repair and maintenance operators… are able to offer quality services, with the goal of increasing competition.

FIELD OF APPLICATION – The Monti law applies to all motorvehicles (passenger cars, heavy equipment and busses), it applies to all those vehicles circulating on roads, powered by their own engine and supplied with 3 or more wheels (not only passenger cars but also busses).

AIM – This law intends to make sure that the final customer (public transportation company, private company, other) has the chance to choose between different alternatives and that all the operators involved in the repair and maintenance of the vehicle are able provide quality services, aiming at the increase of competition among operators themselves

OPERATORS – The main operators concerned with the Monti law are:
Original Equipment Manufacturers (OEM)
Indipendent manufacturers
Repairers authorized by OEM
Spare parts distributors authorized by OEM
Independent repairers (non-authorized by OEM)
Independent spare part distributors (non-authorized by OEM)

SPARE PART TYPOLOGY – The Monti law defines two typologies of Spare Parts:

ORIGINAL SPARE PARTS – Spare parts manufactured (by OEM or other) in accordance with the technical specifications and production standards of OEM.

EQUIVALENT SPARE PARTS – Spare parts with the same quality level of the original, but not manufactured in accordance with the technical specifications and production standards of OEM.

EQUIVALENT SPARE PARTS – This law provides the equivalent spare part, as long as it has the same quality level of the original, with the same dignity of the original spare part. The equivalent spare part manufacturer must always be able to prove that its product’s quality level matches the original in order to demonstrate the equivalence. The duty to prove that an equivalent spare part doesn’t match the original is left to others (e.g.: OEM), not to the equivalent spare part manufacturer.

REPAIRS COVERED BY WARRANTY – During the warranty period, the repair or maintenance of a vehicle could be performed by and independent repairer, this doesn’t invalidate the warranty itself. Only if the repairer doesn’t do the repair properly, and only in this case, the warranty is no more valid. Only in case of repairs covered by warranty or free , OEM can impose the use of original spare parts. In any other situation,
if they believe this to be more convenient, authorized repairers can buy equivalent spare parts from independent distributors/manufacturers

REPAIRS OUT OF WARRANTY – Out of the warranty period the operations of repair and maintenance can be preformed by independent repairers. Out of the warranty period OEM cannot force authorized repairers (by partnership contracts or by other means) to buy only original spare parts and it cannot force authorized repairers to tell their customers if they use original or equivalent spare parts (this would make customer believe equivalent spare parts are inferior to the original ones)

ORIGINAL SPARE PARTS SALE – OEM cannot restrict the right of their authorized repairers and distributors to sell original spare parts to any kind of customer (therefore also to independent repairers and distributors)

TECHNICAL INFOS ACCESS – In order to make the competition possible, all independent operators must freely access the same technical information available to the authorized repairers. Among these information: original manufacturer technical publications (catalogues, directions, update fiches, etc), diagnostic systems, training courses , on the phone or on-line technical assistance, testing equipment. If requested by and independent repairer, OEM must provide these information without any distinction (of price, waiting time, etc.) in favour of authorized repairers.

PETITION TO THE GUARANTOR AUTHORITY – What can an independent operator do if he thinks to be a victim of discrimination by OEM? It can make a petition to the competent Guarantor Authority presents a list of national competent authorities

SANCTIONS – Any violation of the rules of this law represents a severe restriction to competition stated by the CE treaty (Article 81) and it can be prosecuted by the guarantor authorities