The European Parliament adopts the directive in its amended version and ensures the first-time establishment of the so-called right to repair.

Review: What Has Happened So Far

On 22 March 2023, the European Commission published a proposal for a directive on common rules  promoting the repair of goods, which is intended to give consumers a so-called ‘right to repair’. This so-called ‘right to repair’ is intended to enable consumers to demand that manufacturers repair certain products, even after the statutory warranty period and thus seller liability has already expired (see blog post July 2023).

European Parliament Adopts Directive in Amended Version

The European Parliament adopted the directive in amended version on 23 April 2024. The legislative process is approaching its conclusion. Compared to the European Commission's original proposal, the adopted directive contains a number of relevant changes, which are summarised below.

The European Repair Information Form, which consumers can use to get an overview of repair conditions, repair time and prices, for example, is only optional under the new regulation in Article 4 (1). Repairers can provide the form to the consumer within a reasonable time after request, but are not required to do so. The form is to be provided free of charge (see Article 4 (2)). The purely optional nature of the form means that repairers no longer have to worry about an excessive administrative burden. Consumers, however, must hope that the form is provided to them voluntarily.

The consumer's central right of repair against the manufacturer under Article 5 (1) (manufacturer's obligation to repair) has been clarified. In particular, Article 5(2) describes the more detailed conditions for a repair under Article 5(1). Article 5(2) now stipulates, among other things, that the repair by the manufacturer must be carried out within a reasonable period of time from the point in time at which the manufacturer has physically taken possession of the goods or has received them from the consumer or has gained access to them (lit. b)). In addition, the producer may optionally provide the consumer with a loan of a replacement good for the duration of the repair, either free of charge or in return for payment (c). Since the producer's repair obligation does not apply if repair is impossible, Article 5(2) further stipulates that in such cases the producer may optionally offer the consumer a replacement that has already been reconditioned (d). Article 5 (4) stipulates that manufacturers who provide spare parts and tools for goods covered by the repair obligation shall offer these spare parts and tools at a reasonable price that does not deliberately deter repair. In addition, according to Article 5 (5), manufacturers should ensure that consumers can access information on the indicative price charged for typical repairs to these goods via a freely accessible website. Article 5 (6) prohibits manufacturers from using contractual clauses or hardware or software techniques that could hinder repairs, unless this is justified by legitimate and objective factors such as the protection of intellectual property rights. In particular, manufacturers may not prevent independent repairers from using original spare parts (in line with legal requirements), used spare parts, compatible spare parts or 3D-printed spare parts. Article 5(8) clarifies that consumers may also use any other repairer of their choice, without prejudice to the repair obligation on manufacturers. Article 5(7) stipulates that manufacturers may not refuse to carry out repairs solely on the grounds that the goods to be repaired have previously been repaired by other repairers or other persons.

Article 6, which deals with information on repair services, has been only slightly modified. Manufacturers shall provide information on their repair services free of charge in an easily accessible, clear and understandable manner for at least the duration of their repair obligation.

In Article 7, the European Commission's original proposal for a directive provided for a so-called matchmaking repair platform on the internet, which would make it easier for consumers to get in touch with and compare repairers and sellers of repaired goods in their area. This regulation was limited to the Member States ensuring that at least one online platform existed for their territory. The modified version now provides for a common European online platform for repairs, which in turn consists of national sections that use the common online interface available in all official languages of the Union (Article 7 (1)). It is free of charge for consumers to use; however, registration for repairers is only voluntary (Article 7 (5)). Article 7(6) sets out comprehensive requirements that the national sections using the common online interface must fulfil. Of particular note are the comprehensive search functions described in Article 7(6)(a), which cover, among other things, the goods, the location of the repair services, the repair conditions and the applicable quality standards. The platform should help consumers to find repairers or sellers of reconditioned goods and to understand the conditions of a repair.

Article 13 (1) of the Directive now stipulates that Member States shall take at least one measure to promote repair. Repair vouchers or the provision of subsidies for repairs (repair bonuses) are examples of this. Information campaigns or the introduction of a repair index are also conceivable.

There have also been changes to the modification of seller liability: The original proposal for a directive of the European Commission provided for a modification of seller liability in Article 12 in addition to Directive 2019/771/EU. De facto, the original proposal established the priority of repair and the seller's obligation to repair as long as it is cheaper or costs the same as the replacement delivery. This obligation of the seller to repair was rejected in the amended version. The consumer can still choose freely between repair and replacement. What is new, however, is the regulation in Article 10 (2a) of Directive 2019/771/EU (see Article 16): If the consumer decides in favour of repair in the future, the seller's liability period is extended by 12 months. In addition, Article 13 (2a) of Directive 2019/771/EU will in future regulate the seller's obligation to inform the consumer of his right to choose freely between repair and replacement, as well as of the possible extension of the liability period under Article 10 (2a) in the event that the consumer chooses repair. This information should be provided before the seller provides the remedy (by repair or replacement) to bring the goods into conformity with the contract. In addition, the amendment to Article 14 (1) of Directive 2019/771/EU stipulates that the seller may provide the consumer with replacement goods, including reconditioned goods, on loan free of charge during the repair. At the consumer's express request, the seller may provide a reconditioned good in fulfilment of his obligation to replace the goods. In this respect, the alignment with Article 5 (2) (c) and (d) of the Directive is obvious.

Outlook

Before the EU Member States have to transpose the directive into national law within 24 months, the Council will decide on its approval – a purely formal act. This will be followed by publication in the Official Journal of the European Union (OJEU), after which the directive will enter into force 20 days after publication. The provisions of the directive must then be transposed into national law within two years of entry into force. The so-called ‘right to repair’ is now being enshrined in the directive for the first time. The obligation on manufacturers to enable repairs is an important step towards more sustainable consumption choices. The rules that have been agreed are a clear signal to manufacturers that the EU requires and encourages the extension of a product's life cycle. It will be interesting to see to what extent the regulations will affect the life cycle of the products covered by the directive. It is obvious that manufacturers will have to extend the lifespan of products in the long term. In any case, consumers will now have a direct right of repair against manufacturers, so that in the future, consumers will turn to the manufacturer instead of the seller in the context of sales contracts for which the statutory warranty period has already expired.