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26 October 2018 - 1 minute read

20th  December 2017 a   judgement of the European Court of Justice  finally affirmed  production and trade of Compatible Replacement wheels is legal, in conformity with  the repair clause.

According to this judgement the repair clause is  applicable to replacement component that is visually identical to the original parts, used  to restore the original appearance.  WSP Italy wheels are not only  identical to O.E.M. ones , they are in addition UNECE R124 approved, sold with reference to the O.E.M. Part number,  and most of them produced in  Flow Forming, with quality standards that can be compared with OEM ones.  In the light of new regulation the seller of a replacement component  is under a duty of care to inform downstream users that the replacement part is exclusively used for repair purposes and is not a O.E.M. part.

If you want to learn more you can consult also the following  sources from the  web:

 

https://www.novagraaf.com/insights/cjeu-clarifies-scope-design-regulation-repair-clause

http://www.osborneclarke.com/insights/ecj-widens-the-notion-of-spare-parts-falling-under-the-repair-clause/

https://info.legal-patent.com/product-and-trademark-piracy/repair-clause-ecj-today-judgment-acacia-vs-audi-porsche/ -

http://www.glawe.de/en/news/cjeu-repair-clause-art-1101-cdr-and-duties-replica-manufacturerssuppliers-relying-it