In the years-long dispute between Italian energy company Enel and Google over the access of the JuicePass power charging app to the Android Auto vehicle platform, there are signs that the Supreme Court will soon issue a ruling. Advocate General Laila Medina of the European Court of Justice (ECJ) presented her opinion on Thursday.
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According to their report, a company abuses its dominant position when it excludes, hinders or delays the use of an app developed by a third party on its platform. The condition for this is Application in case C-233/23 Accordingly, the behaviour of a market-dominant company such as Google is likely to have anti-competitive effects for consumers.
Controversial “fine fabric”: the end of Apple’s vegan leather?The Android manufacturer justifies its refusal by saying, among other things, that, in addition to agreeing in principle, it must develop an interface that takes into account the specific needs of Enel subsidiary Company X. Indeed, only media and messaging apps are compatible with Android Auto.
Google probably needs to optimize the software
However, according to Medina, this extra effort alone cannot justify a denial of access, at least if a reasonable time frame is available for development and the lead company is paid a fair remuneration. Google must inform Enel of these two aspects upon request.
Enel X provides electric vehicle charging services. As early as September 2028, the company asked Google to make JuicePass compatible with Android Auto. The Italian Competition Authority then decided that the platform operator’s behavior violated EU competition law. Google challenged this decision before the Italian Council of State, which consulted the ECJ.
The Advocate General’s opinion is not binding on the Court, but Luxembourg judges often follow the recommendations. A decision is expected in a few months based on ongoing discussions.
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