Right to repair of goods, EU Directive 2024/1799

 Right to repair of goods, EU Directive 2024/1799

EU Directive 2024/1799 finally introduces common rules to promote the right to repair goods. Therefore, consumers and repair technicians are encouraged to request and repair certain products, rather than throwing them away and replacing them.  (1)

1) Product warranty and repair rights

Directive (EU) 2019/771 on sales contracts has defined product warranties and remedial measures to be taken in case of non-compliance between sellers and consumers. (2) The directive foresees other measures to enhance consumer power to achieve a green transition.

The seller must:

– Acknowledge the legal warranty of 2 years from the date of delivery (at least 1 year for second-hand goods) and the commercial warranty that integrates but does not replace the statutory warranty

– In the event of non-conformity, remedial measures will be taken to restore the product within the warranty period, and consumers may choose between repair or replacement (without any cost to the consumer)

– If the cost of the aforementioned remedial measures is infeasible or disproportionate, reduce the price proportionally or terminate the contract

– Adopt unified warnings and labels to inform consumers of the existence of guarantees (both legal and commercial)

– Provide comprehensive information regarding the costs, requirements, and needs for repairing the goods.

2) Right to repair and circular economy

European Parliament - In its resolution on the Commission's communication on the circular economy, it in turn proposes the introduction of a "right to repair" for consumers.  (3)

Customers Therefore, they have the right to:

– For defects that occur even within the seller's liability and warranty period, you can seek affordable repair services from a self-selected repair provider you trust

– Obtain the European repair information sheet free of charge within a reasonable time after receiving the request (except in cases where diagnostic services are required).

The module includes a quotation valid for 30 days, unless a longer period is agreed upon by both parties, which reports the detailed information of the repairer, the fault, and the suggested service, cost, and repair time. (4) Once accepted, the repairer is obligated to provide repair services in accordance with the conditions stipulated therein.

3) Repair obligation

The repair obligation applies to products with defined repairability specifications. That is:

– Household washing machines, washer-dryers, and tumble dryers;

– Household dishwasher;

– Refrigeration appliances;

– Electronic display;

– Welding equipment;

– Server and data storage products;

– Mobile phones, cordless phones, and tablet computers;

– Goods for batteries used in light transport vehicles.

Repair: It can be provided free of charge or at a reasonable price, and must be carried out within a reasonable time after the actual delivery of the product or the consumer's permitted access.

During the maintenance period, consumers may - but not always have the right, except in specific cases (5) - receive a replacement product or a similar refurbished product on a free or paid loan basis.

4) Responsibilities of the manufacturer

Manufacturer: Goods and spare parts:

– They must maintain reasonable prices to avoid hindering maintenance

– They must disclose the repair prices of their products, which cannot be prevented (except for intellectual property issues).

– If other repair personnel or staff have previously carried out repairs, they cannot refuse to repair, even if the original parts used, compatible, or obtained from a 3D printer were used by independent repair personnel.

5) European maintenance platform

The European platform's online service allows consumers to identify repairers or sellers of refurbished goods, as well as buyers of defective refurbished goods or any repair plans.

The entire platform is composed of national departments, and its nature can be either public or private. In addition to maintenance personnel, it must also include other personnel involved in the European system.

Registration is optional for operators, while the service is free for consumers, ensuring accessibility for people with disabilities. It must allow for searching, retrieving European repair information sheets, and enable operators to provide their information.

6) National restoration measures

Member states must:

– Take at least one appropriate measure to facilitate the repair process, and take suitable measures to ensure that consumers can access relevant information

– Define the national contact points for European online platforms

– Implement appropriate and dissuasive sanctions

– Convert this directive by the 31st of [month] 2026, and be obligated to cancel any differing measures.

7) Provisional conclusion

Once again, European legislators have prioritized industrial interests over consumer rights. This is specifically manifested in two aspects:

– Limit the repair obligation to a limited set of goods (see paragraph 3), excluding large-scale products, household appliances (such as ovens, blenders and food processors, vacuum cleaners, and electric brooms), etc;

– Optionality of the European repair information table;

– There is a lack of specification for the "reasonable price" standard for spare parts.

Dario Dongo and Andrea Adelmo della Peña

Note:

(1) Directive (EU) 2024/2017 of the European Parliament and of the Council of 13 September 2024 on common rules for the facilitation of the repair of goods, and amending Regulation (EU) 2394/2019, as well as Directives (EU) 771/2020 and (EU) 1828/XNUMX http://data.europa.eu/eli/dir/2024/1799/oj

(2) Directive (EU) 2019/2017 of the European Parliament and of the Council of 20 July 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) No 2394/2009 and Directive 2004/22/EC, and repealing Directive 44/XNUMX/EC http://data.europa.eu/eli/dir/2019/771/oj

(3) Dario Donggo, Alexandra May. The European Union Parliament Empowers Consumers to Achieve Green Transformation. Gift (Great Italian Food Trade).  19.2.24

(4) Repairers providing European information sheets must comply with the information obligations regarding the main characteristics of repair services, the identity and contact information of the repairer, prices, as well as the methods and time for performing repair services.

(5) Refer to Dario Dongo's previous article. Guarantee for people with disabilities and AIDS, antitrust statement affirms the right to immediate assistance. Equality.  27.7.20