The Right to Repair Directive (EU/2024/1799) is part of European legislation under the Green Deal. With it, the EU aims to counteract the throwaway society and strengthen the circular economy.
The directive aims for full harmonization, meaning that member states may not deviate from its provisions. This ensures consistency and legal certainty and prevents distortion of competition in the EU internal market. The directive must be transposed into national law by July 31, 2026.
The main points of the directive
- Certain products (e.g., smartphones, washing machines, refrigerators) must be manufactured in a way that allows for repair. For smartphones, for example, it must be possible to replace the battery without destroying the device.
- At the consumer’s request, devices must be repaired—where possible—within a reasonable time and at a reasonable price. To this end, spare parts and tools must also be available for a certain period after production ends. The manufacturer may not take any measures (whether in product design or pricing) that could deter the consumer from seeking repairs.
- Consumers are free to choose a repairer. The original manufacturer may not refuse a repair simply because the device was previously repaired by another repairer. This could lead to an increasing number of independent repairers. The voluntary use of a standardized repair form is permitted. A template of the form is included in the annex to the directive and will also be published in the German EGBGB in the future.
- The obligation to repair applies both during a product’s warranty period and thereafter. If the consumer opts for a repair instead of a replacement product during the warranty period, the warranty period is extended once for an additional 12 months. The consumer must be specifically informed of this. This is also intended to make repairs more attractive. Repairs outside the warranty period become attractive due to a lower price than purchasing a new product.
- In addition, there are plans to establish a European online platform designed to make it easier for consumers to find repair shops.
Implementation in Germany
In Germany, a draft bill dated March 25, 2026, is currently under consideration. According to this bill, the directive will be implemented through amendments to the German Civil Code (BGB) and the Introductory Act to the German Civil Code (EGBGB)—particularly in the areas of sales law and the law governing the sale of consumer goods. A new subsection will be added to the BGB containing provisions regarding the manufacturer’s obligation to repair products outside the warranty period.
In the future, the repairability of an item is also to be considered part of its normal quality. If an item were not repairable, this would therefore constitute a material defect.
Initial uncertainties are likely to arise from the vague legal concept of a “reasonable period” for a repair.
If a manufacturer is based outside the EU, the manufacturer’s obligations fall on the authorized representative within the EU. If there is no authorized representative, the obligations fall on the importer. If there is no importer either, the obligations fall on the distributor of the goods.
Conclusion
The right to repair empowers consumers and promotes the circular economy as part of the European Green Deal. At the same time, however, it may require manufacturers to modify the design of their products to enable repairs. Additionally, spare parts and tools must remain available for a certain period after production ends. This may necessitate maintaining inventory. The repair form introduces new bureaucratic challenges.
Key points in brief
- Products must be designed to be repairable
- Manufacturers must not prevent repairs
- A repair performed under warranty can extend the warranty period by 12 months on a one-time basis
