The EU’s Directive on repair of goods and its impacts

On 31 July 2024, the Directive on common rules promoting the repair of goods (Directive (EU) 2024/1799)[1], hereinafter referred to as the “Directive on repair of goods”, entered into force. The aim of the Directive, which partially amends and supplements the already adopted Sales of Goods Directive (Directive (EU) 2019/771)[2], is to strengthen consumer rights with regard to the repair of certain goods. It additionally serves to further implement the goals set by the European Union (EU) itself as part of the so-called Green Deal signed in 2019.

The Directive on repair of goods was adopted together with the Ecodesign for Sustainable Products Regulation (Regulation (EU) 2024/1781)[3] and the Directive empowering consumers for the green transition (Directive (EU) 2024/825)[4]. These three aforementioned Directives complement each other and combined together, are intended to cover the entire life cycle of a product, from design to use.

The following article focuses on the Directive on repair of goods, which concerns the post-sale phase of a product. In practice, the Directive on repair of goods is likely to have a significant impact on manufacturers of goods, as well as importers and distributors of goods (under certain conditions).

Implications of the Directive on repair of goods

The aim of the Directive on repair of goods is to promote a longer lifespan for consumer goods, so that less (electrical) waste is generated, and emissions are therefore reduced (both during production and disposal of goods)[5]. EU member states are obliged to implement the Directive on repair of goods within the next 24 months.

In order to support micro, small and medium-sized enterprises, the Commission has the competence to adopt further guidelines in relation to the Directive.

Notwithstanding the above, those involved in the manufacturing and distribution of products under the Directive on repair of goods are subject to significant obligations, which is due to any contractual divergence to the detriment of the consumer being forbidden and non-binding (Article 14 (1) of the Directive on repair of goods).

Manufacturer

A new obligation has also been established for the manufacturer to repair certain products if the consumer requests the repair (Article 5 (1) of the Directive on repair of goods).

This obligation only applies to products listed in Annex II of the Directive on repair of goods, which are currently: household washing machines and tumble dryers (Regulation (EU) 2019/2023 and Regulation (EU) 2023/2533); household dishwashers (Regulation (EU) 2019/2022); refrigerating appliances (Regulation (EU) 2019/2019); electronic displays (Regulation (EU) 2019/2021); welding equipment (Regulation (EU) 2019/1784); vacuum cleaners (Regulation (EU) 666/2013); servers and data storage products (Regulation (EU) 2019/424); mobile phones, cordless phones and slate tablets (Regulation (EU) 2023/1670); and goods incorporating light means of transport batteries (Regulation (EU) 2023/1542), which includes e-bikes and e-scooters[6].

According to Article 1 (2) of the Sales of Goods Directive (Directive (EU) 2019/771), the scope of the Directive is limited to the “repair of goods purchased by consumers in the event of a defect of the goods that occurs or becomes apparent outside the liability of the seller” under Article 10 of Directive (EU) 2019/771. Therefore, an additional independent right to repair of the consumer has been established (in addition to warranty rights), which should apply even after the expiry of the statutory warranty period or guarantee (Article 5 (1) of the Directive on repair of goods).

The obligation to repair the goods is subject to the condition that such repairs are either carried out free of charge or at a reasonable price, and within a reasonable timeframe (Article 5 (2) of the Sales of Goods Directive). According to the European legislator, as set out in recital 16 of the Sales of Goods Directive, a price is considered reasonable if consumers are not intentionally deterred from benefitting from the manufacturers’ obligation to repair[7].

The primary obligation of the manufacturer to repair is accompanied by secondary obligations. According to Article 5 (4) of the sales of goods Directive, the manufacturer must provide spare parts and tools for the goods at a reasonable price. That is, a price “(...) that does not hinder access to such spare parts and tools (...)”[8] and consequently must ensure that missing spare parts and/or economic efficiency does not prevent a repair. The consumer as well as independent repairers can also obtain access to spare parts and tools, to enable them to undertake a repair themselves or outsource it.

The timeframe for the provision of spare parts is determined by the respective regulations concerning the goods listed in Annex II of the Directive on repair of goods. For some goods, the manufacturer must provide spare parts for up to ten years after the last unit of a model was placed on the market[9].

Pursuant to Article 6 of the Directive on repair of goods, the manufacturer must provide a range of information, including, for example, an explanation of the possibility of a repair, the price of a repair, the duration, and the possibility of obtaining a lent replacement product, “in an easily accessible, clear and comprehensible manner” and free of charge on a website. If the repair is impossible, the consumer must be informed of the possibility of being provided with a reconditioned replacement (Article 5 (2) (d) of the Directive on repair of goods).

The European legislator’s objective is to facilitate the consumer’s “free choice” to choose the repair service which best suits them.[10]

The manufacturer may not deviate from these obligations to the detriment of the consumer, for instance by means of other contractual arrangements, unless this is justified by objective and legitimate factors (eg to protect intellectual property under EU and/or national law) (Article 5 (6) of the Directive on repair of goods).

The Directive on repair of goods applies not only to the manufacturers of the goods listed in Annex II, but also to other operators.

Importer

The importer (as legally defined in Article 2 No. 44 of Regulation (EU) 2017/1781) may also be subject to the manufacturer's obligations.

The Directive on the repair of goods stipulates that if the manufacturer is not established within the EU, its authorised representative in the EU must fulfil its repair obligations. If the manufacturer does not have an authorised representative in the EU, the importer will bear the obligation to repair the goods (Article 5 (3) of the Directive on repair of goods). The European legislator emphasises that the importer does not have to fulfil this obligation itself but can subcontract the repair (Recital 17 and Article 5 (3) of the Directive on repair of goods), however this does not exclude the importer's liability (Recital 17 of the Directive on repair of goods).

If the importer is subject to repair obligations, he is also obliged to provide information about these, in particular the indicative prices (Article 5 (5) of the Directive on the repair of goods).

Distribution

In addition to the manufacturer and importer, the obligation to repair may also apply to the distributor (ie according to Article 2 no. 45 of the Ecodesign for Sustainable Products Regulation “any natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product available on the market”), in circumstances where the importer is not established in the EU (Article 5 (3) of the Directive on repair of goods). The possibility of subcontracting also applies here (Article 5 (3) of the Directive on the repair of goods).

Seller

The term "seller" is defined in Article 2 (4) of the Directive on repair of goods by reference to Article 2 (3) of the sales of goods Directive, which states a seller is: “any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive”.

In order to enable consumers free choice to choose their repair service provider, the seller of the goods listed in Annex II of the Directive on repair of goods has the option of providing consumers with the European Repair Information Form (s. Annex I of the Directive on repair of goods). If this form is provided to the consumer, it is deemed to be a binding repair offer, which lasts for at least 30 days (Article 4 (5) of the Directive on repair of goods).

The seller will not be subject to a repair obligation if it does not provide the European Repair Information Form.

Extension of the warranty period

The Directive on the repair of goods also amends the consumer's warranty rights. If a good is defective, the consumer may demand a repair or a replacement of the defective good (cf. Article 13 (1) of the Sales of Goods Directive).

The Directive on repair of goods then extends the warranty period by one year if the repair has been carried out within the regular two-year period (Article 10 (2) (a) of the Sale of Goods Directive as amended by Article 16 no. 2 (a) of the Directive on repair of goods). Member States may provide for longer warranty periods.

Summary and outlook

The Directive on repair of goods establishes a right for consumers to have goods repaired that goes beyond the legal warranties previously in place. The legal warranty period is extended by one year in favour of consumers, and contractual deviations to the detriment of consumers are not permitted.

It remains to be seen how consumers will make use of their rights, and the efficacy of the Directive on repair of goods in pursuit of its intended goal of countering faulty products with short usability periods. Regardless of this, it is clear that companies will have to take additional precautions with regard to the provision of spare parts and other services based on the consumer's right to a repair.

[1] According to the German Federal Government, see “Das Recht auf Reparatur kommt".

[2] Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (Text with EEA relevance), available at: Directive - EU - 2024/1799 - EN - EUR-Lex.

[3] Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (Text with EEA relevance), available at: Regulation - EU - 2024/1781 - EN - EUR-Lex.

[4] Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information (Text with EEA relevance), available at: Directive - EU - 2024/825 - EN - EUR-Lex.

[5] Directive (EU) 2024/1799, Recital 3.

[6] Annex II of the Directive on repair of goods, “LIST OF UNION LEGAL ACTS LAYING DOWN REPAIRABILITY REQUIREMENTS”.

[7] Directive (EU) 2024/1799, Recital 16.

[8] Directive (EU) 2024/1799, Recital 18.

[9] E.g. Annex II of Commission Regulation (EU) 2019/2023 of 1 October 2019 laying down ecodesign requirements for household washing machines and household washer-dryers under para. 8.

[10] Directive (EU) 2024/1799, recital 10.