EU imposes new repair obligations on manufacturers and sellers

On July 10, Directive (EU) 2024/1799 was published in the Official Journal of the European Union, amending the repair obligations of manufacturers and sellers in the event of a defect in goods sold to consumers.

What are the main obligations of manufacturers and sellers?

• Extension of the liability period in repair cases

Given the need to reduce the premature disposal of goods and encourage the repair of these goods, the European Union (EU) has imposed a duty on sellers to inform consumers of their right to choose between repair and replacement, and to extend the liability period by another 12 months if the consumer chooses repair as a remedy for non-conformity. This is in addition to the two-year period established in Directive (EU) 2019/771. Member States may also introduce or retain rules to extend the seller’s liability for repairs for periods of more than 12 months.

• Special repair obligation for certain goods

In parallel, manufacturers now have the special obligation to repair certain goods (listed in Annex II to the Directive) at the consumer’s request. These goods include household appliances such as washing machines and dishwashers, electronic screens, cell phones, data servers and storage products, and goods incorporating light means of transport batteries. Portugal already has quite a demanding product liability regime. In any case, it is expected that some of the exceptions and safeguards granted to the producer regarding liability for these goods will be revoked.

• Duty to inform about repair prices

Manufacturers will now also have to provide information on their websites about the indicative prices charged for repairs. They may not use clauses that are aimed at discouraging third-party repairs or refuse to repair the item on the grounds that repair services have already been carried out by third parties.

• Obligations related to spare parts

Also, the manufacturers of these goods must make spare parts and tools available at a price that does not discourage their repair. Moreover, as a rule, manufacturers will now be prohibited from preventing the use of original or second-hand spare parts, compatible spare parts and 3D-printed spare parts by independent repairers.

What are the new developments for repairers?

We highlight the creation of the legal figure of the repairer: A professional who provides repair services and can even combine this with the roles of seller or manufacturer.

The repairer must now provide consumers with a European repair information form before the consumer is bound by a repair services agreement. This form must contain various details about the repair, including the price, the deadline for completing the repair, and the availability of temporary replacement goods.

Repairers can also voluntarily join a European online repair platform aimed at helping consumers find repair services, sellers of refurbished goods, or buyers of defective goods for refurbishment or repair initiatives.

Entry into force

The directive enters into force on July 30, 2024.

Member States must adopt and publish the legislative provisions for transposing the directive by July 31, 2026.