EU directive on the right to repair

On April 23, 2024, the EU Parliament adopted a groundbreaking directive to strengthen the right to repair in the European Union. The new regulations stipulate that manufacturers of certain products are obliged to carry out repairs at reasonable prices and within reasonable periods of time, even after the statutory warranty period has expired. Consumers must also have access to spare parts, tools and repair information. The aim of the directive is to extend the service life of products and contribute to sustainability.

Which products are affected?

Initially, the right to repair will not apply to all products, but only to certain goods such as household appliances, electronic displays and cell phones. The exact list of affected products can be found in Annex II of the Directive. The new regulations effectively create an additional warranty right for consumers against manufacturers, which can be asserted in addition to existing claims against retailers. In future, consumers will therefore have the choice of contacting the retailer or the manufacturer directly in the event of a defect, and the directive stipulates that manufacturers must carry out repairs at reasonable prices and within a reasonable period of time. They are also obliged to provide spare parts and tools for a certain period after the sale of a product. Manufacturers must also make repair information publicly available so that independent repairers and consumers can carry out repairs themselves.

The directive also prohibits practices that make repairs difficult or impossible, such as the use of special screws or adhesives. This also includes software practices that prevent independent repair and the use of compatible and reused spare parts; the manufacturer is primarily obliged to repair the device. If the latter has its registered office outside the EU, its authorized representative has a subsidiary obligation. If such a manufacturer does not have an authorized representative, the obligation to repair is the responsibility of the importer of the product; if there is no importer either, the seller would ultimately be responsible. The aim is to provide consumers with an obligated party within the EU.

If consumers opt for a repair as part of their claim for supplementary performance, the statutory warranty period is extended by 12 months. As an optional measure, the manufacturer and seller can lend a replacement product for the period of the repair to be carried out or offer a refurbished device if the repair is impossible.

Transposition into national law

The EU member states have 24 months after the directive comes into force to transpose the requirements into national law. It can be assumed that the new regulations will apply in all EU countries by 2026 at the latest. For companies, this means that they should prepare for the upcoming changes at an early stage and adapt their processes accordingly. This includes, for example, planning the supply of spare parts, training employees and adapting warranty conditions. Companies should also check whether their products meet the requirements for reparability and make changes to the product design if necessary.

The transposition of the Directive into national law will be handled differently by the Member States. Some countries could adopt stricter regulations than those stipulated by the EU, while others may only implement the minimum requirements. Companies should therefore keep a close eye on developments in the markets relevant to them and prepare for possible differences in national regulations.

The implementation of the directive poses a particular challenge for small and medium-sized enterprises. They often do not have the necessary resources to meet the requirements for reparability and implement the corresponding processes. The member states are called upon to provide support here through suitable measures such as support programs or advisory services. Overall, the implementation of the Right to Repair Directive will bring about far-reaching changes for companies. Early preparation and close cooperation with the relevant authorities and associations can help to overcome the challenges and take advantage of the opportunities presented by the new regulations. Companies should also keep an eye on the opportunities offered by digitalization and the circular economy in order to remain competitive in the long term.

Opportunities and challenges

Consumers, on the other hand, can look forward to improved repairability of products and a longer service life. Overall, the EU directive on the right to repair is an important step towards more sustainable consumption and a more resource-efficient economy. However, implementation also brings challenges. This could make it difficult for small and medium-sized companies to meet the repairability requirements and make the necessary investments. There is also a risk that manufacturers will pass on the cost of repairs to consumers and increase the price of new products.

Nevertheless, many experts believe that the advantages of the new regulations outweigh the disadvantages. By extending the useful life of products, resources can be conserved and waste volumes reduced. New business areas are also opening up for repair companies and suppliers of spare parts. Overall, the directive makes an important contribution to the circular economy and to achieving the EU’s climate targets.

As a lawyer specializing in IT law, contract law and media law, I can provide companies with comprehensive advice on implementing the new requirements. It is particularly important for importers and retailers to always keep an eye on all EU regulations and make the necessary adjustments to their business processes. This includes, for example, reviewing supplier contracts, adapting warranty conditions and training customer service staff, as well as exercising caution when communicating with consumers and designing advertising materials. Companies must ensure that they do not make misleading statements about the reparability of their products and that they fulfill the information requirements of the directive.

This is where legal advice can help to minimize liability risks and strengthen customer confidence. Overall, the EU directive on the right to repair offers not only challenges but also opportunities for companies. Through early preparation and a strategic focus on sustainability and the circular economy, they can secure competitive advantages and benefit from the growing markets for repairable products. As an experienced lawyer, I am happy to support companies with my expertise.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.