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PortuguêsUEIL (Independent Union os The European Lubricant Industry)
The UEIL is the most foremost commercial association in Europe that represents the interests of companies in the oils and lubricants sector.
Introduction
Since the Treaty of Rome came into force, free competition over commercial exchanges made in Europe has been regulated by means of European and national laws.
National enforcement authorities, national courts, and the European Commission are responsible for guaranteeing that these regulations are applied.
Recently, a new regulation that could affect your company has come into force 1.
For this reason, the UEIL (Independent Union of the European Lubricant Industry) has decided to publish this leaflet to provide an answer for questions that may arise with regard to the various aspects of the legal framework and the acquisition and use of lubricants and other functional fluids.
Questions and Answers
1) Can the manufacturer of a vehicle obligate the use of its own lubricants and other fluids or those or a specific brand for its vehicles?
No, except in cases where the manufacturer of the vehicle takes responsibility for the price of the products (e.g. free repairs or servicing).
2) Can the manufacturer of a vehicle recommend the use of its own lubricants and other fluids or those or a specific brand for its vehicles?
Yes, recommendations can be made, but these cannot become obligations under any circumstances. The manufacturer of the vehicle can only obligate certain minimum levels of quality and performance (API, ACEA, manufacturer’s standards, etc.).
3) Is it true that the guarantee can be invalidated if the recommendations of the vehicle manufacturer are not followed?
No, the manufacturer of the vehicle cannot invalidate the guarantee if the lubricants and other functional fluids used meet the requirements of the manufacturer of the vehicle with respect to the technical quality and performance. The European Commission will not hesitate to begin legal action against any vehicle manufacturer that threatens to withdraw a warranty due to the use of a product of equivalent quality.
4) How can I obtain the technical requirements for lubricants and other functional fluids?
Vehicle manufacturers must provide all technical information, including the technical specifications of lubricants and other functional fluids to anyone who serves or uses the products, in order that they are used correctly.
5) Can I, as a client, choose whatever lubricant I want as long as it meets the specifications set by the manufacturer of the vehicle?
Yes, you can freely choose the brand that you desire as long as it meets the technical specifications defined by the manufacturer of the vehicle.
6) I have a contract with a vehicle manufacturer. Can a non-compete clause be defined it in with regard to lubricants or other functional fluids?
It must be remembered that a non-compete clause agreed between you and the vehicle manufacturer (VM) with regard to lubricants and other functional fluid would be included within the scope of the provisions of European legislation that affects vertical restrictions (article 101 of the TFEU), owing to the high market share of the VM in the downstream market (more than 30%).
In the same way, under certain circumstances, certain purchase obligations, calculated on the basis of their total annual needs, would also be included within the scope of these regulations.
7) What happens if I am offered maintenance packages at a set price that already include lubricants?
In the first place, the manufacturer of the vehicle cannot force their sale price. That would entail very serious penalties in accordance with European competition law.
In the second place, if maintenance packages offered include specific lubricants and impede the acquisition of rival products, this could be interpreted as a non-compete clause (see point 6).
8) According to regulations, are lubricants considered to be spare parts?
Yes, lubricants are considered to be spare parts in European legislation. Operators of motor vehicles must, therefore, be able to easily access all the relevant technical information.
9) What about incentives or discount packages that include lubricants and other functional fluids offered by vehicle manufacturers?
These packages must be considered as ‘restraint of trade clauses’ (see point 6).
In particular circumstances, they can be investigated as abusive exploitation of a dominant position of a downstream market (article 102 of the TFEU)..
10) What can I do if a vehicle manufacturer questions the use of a specific lubricant that is, from my point of view, of an equivalent quality?
If the manufacturer of the vehicle wishes to question your use of a specific lubricant, the responsibility of demonstrating that said lubricant fails to meet the manufacturer of the vehicle's technical requirements falls upon it.
‘Always consult your vehicle’s manual. If you have any questions regarding what lubricant to use, consult the online lubrication guide drawn up by OLIPES at www.olipes.com or get in touch with our technical service at the following email: sat@olipes.com’.
‘Choose the most appropriate OLIPES lubricant for your vehicle and enjoy maximum performance coupled with the guarantee of a large manufacturer’.
CONCLUSIONS
This leaflet outlines the main aspects of the European legal framework around the acquisition and use of lubricants and other functional fluids.
Any claim regarding the regulations must firstly be presented to national courts.
If you would like any more information about the development or interpretation of the aforementioned legal framework, or if you have any further questions, you can contact your lubricant supplier.