Right to repair of goods, EU directive 2024/1799
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EU Directive 2024/1799 finally introduces common rules to promote the right to repair of goods. Consumers and repairers are thus encouraged to request and carry out the repair of certain products, rather than throwing them away and replacing them. (1)
1) Product warranty and right to repair
Sales contracts between sellers and consumers, the guarantee on products and the remedies to be adopted in cases of non-compliance have already been defined in Directive (EU) 2019/771. (2) Other measures are foreseen in the Directive for the empowerment of consumers towards the green transition.
the sellers must:
– recognize a legal guarantee of 2 years from delivery (at least 1 year for second-hand goods) and a commercial guarantee that integrates and does not replace the legal one
– adopt remedies for the restoration of the goods under warranty, if non-conformities occur which, at the consumer's choice, may include repair or replacement (without cost to the consumer)
– in case of impossibility or disproportionate costs of the above remedies, apply a proportional reduction of the price or the termination of the contract
– adopt harmonized warnings and labels to inform consumers about the presence of the guarantee (legal and commercial)
– provide adequate information on the costs, requirements and repair needs of the goods.
2) Right to repair and circular economy
The European Parliament - in resolution on the Commission communication on the circular economy – had in turn proposed to introduce the 'right to repair' for consumers. (3)
Customers, they are therefore entitled to:
– request a repair at affordable prices, from a trusted repairer of your choice, for defects that occur even outside the seller's responsibilities and the warranty period
– obtain free of charge (except where this requires a diagnostic service), within a reasonable time of request, the European Repair Information Form.
The module consists of an offer valid for 30 days, except for longer periods agreed between the parties, where the details of the repairer, the fault and the proposed service, cost and repair times are reported. (4) In case of acceptance, the repairer is obliged to carry out the repair service under the conditions established therein.
3) Obligation to repair
The obligation to repair applies to products for which repairability specifications have been defined. That is:
– washing machines, washer-dryers and tumble dryers for domestic use;
– household dishwashers;
– refrigeration appliances;
– electronic displays;
– welding equipment;
– servers and data storage products;
– cell phones, cordless phones and tablets;
– goods incorporating batteries for light transport vehicles.
The repair may be performed free of charge or for a reasonable fee and must be performed within a reasonable time from the physical delivery of the goods or from the access granted by the consumer.
During the repair period, consumers can – but are not always entitled, except in specific cases (5) – to receive on loan, free of charge or for a fee, a replacement good or a similar reconditioned good.
4) Duties of manufacturers
Manufacturers of goods and spare parts:
– must keep prices reasonable so as not to discourage repairs
– must publish prices for repairs to their goods, which cannot be prevented (except in intellectual property matters).
– they cannot refuse a repair if other repairers or persons have carried out a previous repair, even when original parts used, compatible or obtained from 3D printers by independent repairers have been used.
5) European Platform for Repair
The European platform online serves to enable consumers to identify repairers or sellers of refurbished goods, as well as buyers of defective goods for refurbishment, or any repair initiative.
The entire platform It is made up of national sections, which may be public or private. It must include, in addition to repairers, other figures participating in the European system.
The registration for operators it is optional, while the service for consumers is free, ensuring accessibility for people with disabilities. It must allow searches, request the European Repair Information Form, allow operators to provide their information.
6) National measures for repair
Member States must:
– adopt at least one appropriate measure to promote repair, together with adequate measures to ensure the availability of information to consumers
– define national contact points for the European online platform
– introduce proportionate and dissuasive sanctions
– transpose the directive by 31 July 2026, with the obligation to remove any divergent measures.
7) Provisional conclusions
The European legislator, once again, has privileged industrial interests over consumer rights. In two respects in particular:
– the restriction of repair obligations to a narrow group of goods (see paragraph 3) which does not include a wide range of products, both household appliances (e.g. ovens, blenders and food processors, vacuum cleaners and electric brooms);
– the optional nature of the European Repair Information Form;
– the lack of specifications on 'reasonable price' criteria for spare parts.
Dario Dongo and Andrea Adelmo Della Penna
Note
(1) 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 http://data.europa.eu/eli/dir/2024/1799/oj
(2) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sales of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC http://data.europa.eu/eli/dir/2019/771/oj
(3) Dario Dongo, Alessandra Mei. Empowering Consumers for the Green Transition, green light from the EU Parliament. GIFT (Great Italian Food Trade).
(4) The repairer providing the European information form must comply with the information obligations on the main characteristics of the repair service, the identity and contact information of the repairer, the price and the methods and times of performance of the repair service.
(5) See the previous article by Dario Dongo. Guarantee on disability aids, the Antitrust affirms the right to immediate assistance. Egalité. 27.7.20
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technology and Biotechnology, licensed food technologist, he follows the research and development area of Wiise Srl, a benefit company.
