The new Right to Repair Directive: Towards a circular economy and better consumer protection

On 13 June 2024, the Council of the European Union adopted Directive (EU) 2024/1799, aimed at promoting the repair of goods. This "Right to Repair Directive" requires EU Member States to take a number of measures to promote repair rather than premature disposal of products by 31 July 2026. The new directive aims to protect consumers on the one hand, and promote sustainable consumption on the other, and represents an important step in the transition towards a circular economy.

1. Manufacturers' repair obligation

Currently, a right to repair only exists as a remedy for a non-conformity. When a goods item has a non-conformity that manifests itself within the statutory warranty period, the consumer has the right under Directive 2019/117 to have the goods item repaired free of charge.

The new directive introduces a repair obligation for manufacturers beyond the statutory warranty period. Consumers are thus granted the right to have the goods item repaired under the new directive, notwithstanding that the statutory warranty period has expired.

The repair obligation will apply to sale contracts entered into after 31 July 2026, and to goods for which repairability requirements have been established. It mainly concerns electronic devices such as domestic laundering and dishwashing machines, vacuum cleaners, mobile phones, and so on.

The manufacturer is obliged to repair the goods item free of charge or at a reasonable price within a reasonable time. This period begins as soon as the manufacturer has been given the opportunity to repair the goods item, that is, as soon as it has physical possession or access to the goods item. During the repair, a replacement item may be loaned to the consumer. This temporary replacement is provided either free of charge or for a reasonable fee.

The manufacturer is not obliged to carry out the repair itself, since the directive allows it to outsource the repair.
If the repair of the goods item proves impossible, the manufacturer is not obliged to repair it. In that case, however, a refurbished goods item may be offered to the consumer.

2. Obligations to inform

The Right to Repair Directive also requires manufacturers and repairers to inform consumers, namely to provide all important information regarding their repair services and obligations to consumers. To fulfil this obligation, repairers can voluntarily use a European Repair Information Form. This form is intended to provide consumers with all important information to compare and evaluate repair services quickly and easily.

This information must be provided free of charge on a durable medium as soon as possible after the request, and before the consumer is bound by the contract.

Manufacturers that are subject to the repair obligation must also provide consumers with access to information regarding indicative prices for common repair of goods through a freely accessible website.

3. Online platform for repairs

The directive also provides for the creation of an EU-wide online platform for repairs. This platform is intended to help consumers to find local repairers easily and for free and should also help consumers assess and compare different repair services.

The EU online platform is divided into sections for each Member State, with links to the national online platforms for repair. Member States may also opt to develop their own national platform. These platforms should be available not only to businesses and consumers, but also to sellers of refurbished products.

4. Warranty period

To encourage consumers to opt for repair, the directive also extends the seller's liability period. If a defect in the goods item manifests itself within the statutory two-year warranty period, and the consumer opts for the remedy of repair, the liability period is extended by twelve months. This new period is then added on to the remaining liability period.

Member States have two years, until 31 July 2026 at the latest, to transpose these changes into national law. If you have any questions about this new Directive or its impact on your rights and obligations, please do not hesitate to contact us. We are ready to provide you with the necessary information and support.