What's new? The new “Right to Repair” in the EU
It has been in effect in the B2C sector since July 31, 2026. It will apply to the B2B sector from January 1, 2028
The directive covers in particular product categories (Annex II of the directive) for which repairability requirements are laid down at Union level, including:
Household appliances such as washing machines, dishwashers, refrigerators and tumble dryers, electronic devices such as smartphones, tablets and displays, vacuum cleaners, but also servers and data storage products as well as welding equipment.
For manufacturers of these goods, this means a number of new, binding obligations: In addition to the seller's existing repair obligation under the warranty, the directive introduces an independent repair obligation for the manufacturer even after the statutory warranty period has expired.
Furthermore, manufacturers must offer spare parts and repair-related tools at a reasonable price, provide information about repair services, and refrain from certain repair impediments.
This affects not only manufacturers of end products, but also manufacturers of components and other parts, who must question the repairability of their products.
Violations of these provisions can be punished with effective, proportionate and dissuasive sanctions.
In view of the different transition periods – the new regulations have been in effect for B2C contracts since July 31, 2026, and for B2B contracts since January 1, 2028 – legally compliant structuring of business processes, product design and sales structures is crucial for affected companies in order to avoid liability risks and secure competitive advantages through sustainable product design.
The repair guideline primarily addresses:
Manufacturers based in the EU; importers based in the EU of goods manufactured in other European countries; they then assume the obligations of the manufacturers in the EU; sellers, distributors and authorized representatives within the meaning of the directive.
In detail:
1The aim of the repair guideline
The aim of the repair directive is to reduce the premature disposal of still usable goods purchased by consumers and to encourage consumers to use their goods for longer.
The repair directive follows a full harmonization approach, meaning that EU member states may only deviate from the requirements in a few cases.
In addition to the direct obligations for sellers and manufacturers, the repair directive contains other relevant regulations for companies:
European online platform for repairs:
An EU-wide online platform was established on July 31, 2026, where consumers can find repair shops. Registration for repair shops is voluntary and free of charge.
European Repair Information Form:
Repair shops can use this form to inform consumers transparently about repair conditions. In this case, the form must be provided free of charge and is binding for at least 30 days.
Further measures by Member States to promote repairs:
In addition to the direct implementation of the directive, member states must take measures to promote repairs (e.g., repair vouchers, repair funds). Germany must notify the relevant authorities of such measures by July 31, 2029; this may result in further, as yet unforeseen, obligations for companies.
Sanctions:
Under the Repair Directive, member states are obliged to have appropriate sanctions ready and to impose them for violations by companies of obligations under the directive.
2. Overview of implementation in Germany
The Repair Directive obliges EU member states to adopt and publish the relevant laws and regulations necessary to implement the directive nationally by 31 July 2026.
In Germany, implementation was achieved primarily through amendments to the Civil Code (BGB) and the Introductory Act to the Civil Code (EGBGB):
The provisions of the German Civil Code (BGB), in particular those relating to the sale of consumer goods, have been amended to provide consumers with legal incentives to opt for repair as part of the supplementary performance.
In addition, a new subtitle was added to the law of sales with regulations on the manufacturer's obligation to repair outside of the warranty period.
Essentially,the German legislature changed the sales law.
- especially for certain goods as well as
- The warranty law applies to all goods.
Unusually, the German Civil Code (BGB) does not mention the specific goods in the legal text, but refers to Annex II of the Directive; this is certainly not particularly user-friendly.
The regulations concerning the aforementioned European form for repair information were incorporated into the EGBGB (Introductory Act to the German Civil Code).
Below is a brief overview of the individual regulations:
3. Obligations for sellers and manufacturers
Obligations for the seller and manufacturer arise both from amended standards in the German Civil Code (BGB) and from entirely new standards.
a) Amended standards (for all goods)
According to the amended Section 434 Paragraph 3 Sentence 2 of the German Civil Code (BGB), repairability is expressly included as a component of the objective requirements for the purchased item.
Consequently, limited repairability will also be sufficient to establish a material defect in the future. Manufacturers should therefore check the repairability of their products. There is no general definition of "repairability"; instead, an objective standard is applied: What matters is what is customary for similar goods and what an average buyer can expect – not the knowledge or capabilities of the individual seller.
Temporalscope of application:
It is also important to note that the repairability principle applies to all purchase contracts, i.e., both B2C and B2B contracts, but according to Art. 229 § 72 EGBGB, from different points in time:
For B2C contractsconcluded from 31.7.2026 onwards.
For B2B contractsconcluded after December 31, 2027.
In contracts between businesses in the B2B sector (but not with consumers – B2C), the parties will be able to waive the repairability – like other characteristics of quality in the sense of sales law – even in general terms and conditions when the regulation comes into effect in 2028 (§ 434 paragraph 3 sentence 4 BGB).
According to the amended Section 475 Paragraph 4 of the German Civil Code (BGB), the manufacturer has an obligation to provide information to consumers.
Before carrying out the remedy, the manufacturer must explicitly inform the consumer of their right to choose between repair and replacement. Additionally, the manufacturer must inform the consumer that, in the case of a repair, the original limitation period for claims due to a defect under Section 475e Paragraph 5 of the German Civil Code (BGB) is extended once by 12 months.
If the buyer (consumer) chooses to have the product repaired, the seller is not obligated to carry it out personally – they can engage a third party (§ 278 BGB), such as a specialist workshop or the manufacturer. The seller's lack of in-house repair expertise is not grounds for refusing the repair requested by the consumer.
According to the amended Section 475 Paragraph 6 of the German Civil Code (BGB), the entrepreneur may also deliver a refurbished item as part of the supplementary performance, but only if the consumer expressly requests this.
b) New standards (for certain goods and only for the consumer sector (B2C))
Sections 479a-479g of the German Civil Code (BGB) are entirely new and contain repair obligations for the manufacturer. However, this only applies to certain goods.
As explained above, Section 479a of the German Civil Code (BGB) refers to goods listed in Annex II of the Repair Directive that were purchased by consumers and for which no warranty rights exist pursuant to Section 437 of the German Civil Code (BGB).
Section 479b of the German Civil Code (BGB) obligates the manufacturer to repair such defective goods after the warranty period has expired. The manufacturer must carry out the repair within a reasonable timeframe. The manufacturer may only refuse to repair the goods if it is factually or legally impossible.
Refusal for economic reasons or because a previous repair was carried out by a third party is inadmissible. The manufacturer is obligated to carry out the repair free of charge or for a reasonable fee, and the contractual provisions regarding acceptance and transfer of risk apply accordingly.
A fee is considered reasonable (according to recital 16 of the directive) if it does not deter the consumer from demanding a repair. If repair is impossible, the manufacturer may offer the consumer a refurbished product.
Section 479c of the German Civil Code (BGB) stipulates the manufacturer's obligation to offer repair-related tools and spare parts for these specific goods at a reasonable price that does not deter consumers from carrying out repairs.
Section 479d of the German Civil Code (BGB) imposes an obligation on the manufacturer to provide information about repair services for these specific goods in an easily accessible, clear and understandable manner and free of charge, and to make indicative prices for typical repairs available on a freely accessible website.
Section 479e of the German Civil Code (BGB) lists the actions that are prohibited for the manufacturer of these specific goods. The manufacturer must refrain from measures that hinder the repair of goods. In particular, hardware or software restrictions that prevent the use of used, compatible, or 3D-printed spare parts are inadmissible, unless there are overriding justifications.
Section 479f of the German Civil Code (BGB) governs cases in which the manufacturer of such goods, who is obligated to repair them, is based outside the EU. Depending on the specific circumstances, the obligations fall to the manufacturer's authorized representative within the European Union, otherwise to the importer, or failing that, to the distributor of the goods in question.
According to § 479g of the German Civil Code (BGB) , the manufacturer of such goods may not rely on agreements that deviate from the provisions of this subtitle to the detriment of the consumer.
4Practical implications: Outlook
One thing is certain: manufacturers must adapt their business models to the new requirements. Among other things, manufacturers must ensure the availability of spare parts. Training for repair staff will increase. Increased sales for specialist retailers through repair services are also conceivable. On the other hand, fewer new goods will be sold. However, repair services are likely to boost customer loyalty.
regardingthe new regulations. This newsletter cannot replace individual legal advice.