On 15 January 2026, the draft act to implement Directive (EU) 2024/1799 on promoting the repair of goods was published. The “right to repair” enshrined therein introduces significant new obligations for manufacturers, distributors, and other market stakeholders.
Below, we summarize the key elements of the draft for you.
Repairability as a Criterion of Usual Quality
In the future, the repairability of a product will be taken into account as a characteristic within the concept of “usual nature” pursuant to Section 434 of the German Civil Code (BGB). If a product is not repairable, although repairability is customary for goods of the same type and can be expected by the buyer, this constitutes a material defect.
As a result, consumers are entitled to the statutory warranty rights.
New Information Obligations in the Context of Subsequent Performance
Businesses will be required to expressly inform consumers, before curing material defects (Sec. 439 BGB),
- that they may choose between repair (Remedy) and supply of a thing free of defects, and
- that, in the event of repair, the limitation period for warranty claims will be extended by twelve months following completion of the repair.
This information obligation is mandatory and must be fulfilled in due time before the cure is carried out.
Replacement Supply Also Possible with Refurbished Goods
In the context of supply of a thing free of defects, a refurbished item may now also be supplied – however, only if the consumer has expressly requested this.
Extension of the Limitation Period in Case of Repair
If the cure is carried out by way of repair, the limitation period for warranty claims will be extended once by twelve months following completion of the repair. This will become a statutory consequence of repairs performed under warranty.
Independent Repair Obligation for Certain Product Groups
For certain product groups listed in Annex II of Directive (EU) 2024/1799, an independent repair obligation of the manufacturer will be introduced – even beyond the statutory warranty period. These currently include, among others:
- Household washing machines and washer-dryers
- Household dishwashers
- Refrigeration appliances
- Electronic displays
- Welding equipment
- Vacuum cleaners
- Servers and data storage products
- Mobile phones, cordless phones, and slate tablets
- Household tumble dryers
- Goods incorporating light means of transport batteries
If a consumer requests the repair of such a product after expiry of the warranty period, the manufacturer is obliged to carry out the repair within a reasonable period of time.
Obligation to Provide Spare Parts and Repair Information
Manufacturers must:
- offer spare parts and necessary tools at a reasonable price,
- provide information regarding the repair obligation, and
- publish freely accessible repair price lists on their website.
This entails increased transparency and organizational requirements.
Prohibition of Hindering Repairs with Third-Party Parts
Manufacturers may not prevent repairs carried out by independent repairers using spare parts from third-party manufacturers through hardware or software techniques.
European Repair Information Form
Repairers may voluntarily use a “European Repair Information Form” in the future. This form is intended to create transparency regarding the costs and conditions of repairs and to improve comparability.
Temporal Scope of Application
The implementing act must be adopted by 31 July 2026, when the European transposition period expires. The right to repair for the product groups listed in Annex II of Directive (EU) 2024/1799 is to apply from the entry into force of the law – including to products that were purchased before its entry into force.
The provisions regarding repairability as a material defect and the extension of the warranty period will apply only to products purchased on or after 31 July 2026.
Conclusion: Early Need for Action for Manufacturers and Distributors
The draft act introduces far-reaching changes to product design, warranty handling, spare parts management, compliance structures, and the organization of service processes. For this reason, the draft legislation is currently the subject of intense debate. Discussions concern, among other things, the indirect extension of repairability as a material defect into the B2B sector “through the back door” via the existing linkage between Section 377 of the German Commercial Code (HGB) and the concept of material defect under the BGB.
Further issues include the substantial logistics and storage costs associated with ensuring repairability, the ambiguity of the term “repairable,” questions regarding its suitability for low-priced products, as well as liability and evidentiary issues arising in connection with repairs.
Nevertheless, manufacturers of the affected product groups in particular should promptly review and, where necessary, adjust their existing processes, documentation, contractual frameworks, and technical restrictions in order to avoid major challenges in six months’ time.
We would be glad to assist you with the legal assessment of the new regulations and with identifying and implementing specific measures within your company. Please feel free to contact us at any time.
'/%3e%3c/svg%3e){kind=small}
'/%3e%3c/svg%3e){kind=small}
