Right to repair - New obligations for manufacturers and distributors
To combat excessive consumption and achieve the goals of the “European Green Deal”, Germany has now transposed Directive (EU) 2024/1799 of 23.4.2024. The so-called “Act Implementing the EU Right to Repair Directive” or the “Right to Repair Act” came into force on 23.7.2026 following its promulgation in the German Federal Law Gazette.
Background - Moving away from the throw-away society
The Right to Repair Directive aims to contribute to the better functioning of the internal market, to simultaneously achieve a higher level of consumer protection as well as to align the economy more closely with circular principles. National provisions on the repair of goods should therefore be strengthened in order to reduce the premature disposal of viable goods and to encourage consumers to use their goods for longer. The key points have been outlined in the following section.
Upgrading of repair services
The following provisions are related to the overall goal of upgrading repair services.
Repairability as a value-creating feature
In the future, besides durability, functionality, compatibility and security, repairability will also be one of the other features that constitute the usual nature of a thing within the scope of Section 434(3) sentence 2 of the Civil Code (Bürgerliches Gesetzbuch, BGB).
Warranty extension for repair instead of replacement
Consumers will be offered incentives to opt for a repair in the case of the supplementary performance of a purchase agreement. If, in the context of supplementary performance pursuant to Section 439 BGB, the consumer opts for a repair instead of a replacement, then pursuant to Section 475(5) BGB, the warranty period will be extended on a one-off basis for a further twelve months.
Seller’s obligation to provide information
In future, in advance of the supplementary performance pursuant to Section 439 BGB, the business owner must inform the consumer of their existing right to choose between repair and replacement as well as of the extension of the warranty period in the event of a repair (Section 475(4) BGB). Moreover, in the context of supplementary performance, at the express request of the consumer, the business owner may provide a refurbished good (Section 475(6) BGB).
Repairs outside of the scope of the warranty
Upon the consumer’s request, manufacturers will be obliged to repair certain goods even outside of the scope of the warranty (Sections 479a, 479b BGB) and to make information available about this (Sections 475(4), 479d BGB). They should provide spare parts and repair-related tools at a reasonable price that does not deter repair (Section 479c BGB). In the future, it will not be permissible to use hardware or software technologies that impede the repair of certain goods (Section 479e BGB). This requirement applies to manufacturers who fall within the scope of application of Section 479a BGB (draft version). These are companies that manufacture the consumer products listed in Annex II of the Right to Repair Directive. Currently, these are electrical appliances, electronic displays, certain ICT products, welding equipment, vacuum cleaners and light means of transport where batteries have been incorporated.
Replacement good while defects are being rectified
A change request that was added during the legislative procedure provides that the seller may make available to the consumer a replacement good free of charge for as long as the defects are being rectified.
Challenges and the need for action by companies
As it will only be possible to refuse repairs that are not technically feasible, companies will have to gear up for repairs instead of replacements as well as spare parts rather than new goods. This will gives rise to a number of challenges.
Reviewing the product portfolio
Companies should check which of their products will be subject to an obligation to repair after the statutory warranty has ended. Manufacturers should increasingly develop and sell repairable products.
Managing spare parts
There must be a sufficient supply of spare parts for products with the right to repair. Typical wear-and-tear parts such as engines, batteries, gaskets and valves should be kept in stock. If it is not possible to secure sufficient storage capacities, then spare parts should be procurable at short notice within the supply chain. It may be advisable to provide rental equipment if it takes longer to procure spare parts.
Optimising workflows
The repair workflows starting from the cost estimate including determining the time needed for the repair right through to the planning of the processing of the repair should be standardised. This also includes repair instructions, software updates and setting up online service portals. GT&Cs should be adapted to the new legislation and, if required, expanded to include rules on goodwill payments and discounts.
Training for skilled personnel
Skilled personnel in the company should receive further training. This applies to hotline and service staff as well as to workshop staff for carrying out fault diagnosis and fault rectification. To this end, the necessary technical product information should be made available online.
