The New Repair Directive: Toward a Circular Economy and Better Consumer Protection

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

Currently, the only remedy available for a lack of conformity is the right to repair. If a good has a lack of conformity that becomes apparent within the statutory warranty period, the consumer has the right under Directive 2019/117 to have the good repaired free of charge. The new directive introduces a repair obligation for manufacturers beyond the statutory warranty period. Under the new directive, consumers are thus entitled to have the good repaired, even if the statutory warranty period has expired. The repair obligation will apply to sales contracts concluded after July 31, 2026, and to goods for which repairability requirements have been established. This applies in particular to electronic devices such as household washing machines, dishwashers, vacuum cleaners, cell phones, and so on. The manufacturer is obligated to repair the product free of charge or at a reasonable price, and to do so within a reasonable time. This period begins when the manufacturer is able to repair the product, namely when the manufacturer physically takes possession of the product or gains access to it. During the repair, a replacement product may be loaned to the consumer. This temporary replacement is provided either free of charge or for a reasonable fee. The manufacturer is not required to perform the repair itself. The directive allows the manufacturer to outsource the repair. If repairing the product proves impossible, the manufacturer is not obligated to repair it. In that case, however, a refurbished product may be offered to the consumer.

The Repair Directive also establishes an information obligation for manufacturers and repairers. Specifically, they must provide consumers with all relevant information regarding their repair services and obligations. To comply with this obligation, repairers may voluntarily use a European repair information form. This form is designed to provide consumers with all relevant information in a quick and simple manner so they can compare and evaluate repair services. This information must be provided free of charge on a durable medium as soon as possible after the request is made and before the consumer is bound by the contract. Manufacturers subject to the repair obligation must also provide consumers with access, via a freely accessible website, to information regarding indicative prices for the typical repair of goods.

The directive also provides for the establishment of a European online platform for repairs. The purpose of this platform is to connect consumers with local repairers in a simple and free manner, and it should also help consumers evaluate and compare different repair services. The European online platform consists of national sections, with links to the national online repair platforms. Member States may also choose to develop their own national platforms. These platforms must be available not only to businesses and consumers, but also to sellers of refurbished products.

To encourage consumers to choose repair, the directive also extends the seller’s liability period. If a defect in the goods becomes apparent within the statutory two-year warranty period, and the consumer chooses repair as the remedy, the liability period is extended by twelve months. This new period is then added to the remaining liability period. Member States have two years, until no later than July 31, 2026, 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.