Consumers get right to have defective goods repaired
The European Parliament has adopted a directive on common rules promoting the repair of goods, which introduces the consumer’s right to repair. The new regulation aims to encourage consumers to have products repaired and thus extend their useful life.
The directive responds to the excessive generation of waste and CO2 emissions due to the premature discarding of consumer goods in the EU, as consumers and businesses often prefer to have defective goods replaced rather than having them repaired, whether for reasons of time, money, or the poor availability of spare parts.
The new rules stipulate that if a defect of the purchased goods becomes apparent during the period for exercising rights under from defective performance (liability period – usually two years), the seller will be obliged to offer the consumer the repair of the item if it is cheaper than its replacement. If the goods are repaired within this period, the period for exercising rights from defective performance will be extended by an extra year, which will give the consumer a further incentive to repair.
After this period, the rules for repair will vary depending on the type of goods. For goods whose repair is technically feasible, in particular household appliances such as telephones, washing machines, vacuum cleaners, etc., consumers will be able to seek their repair from the manufacturer. The latter will be obliged to carry out the repair at a reasonable price and within a reasonable time. If a product is not covered by the repair obligation, the manufacturer will have to inform the consumer. The manufacturer will not be entitled to refuse a product’s repair for purely economic reasons (e.g., the cost of spare parts) or because a previous repair was carried out by another repairer or by the consumer. They will only be able to refuse if a repair is not factually or legally possible.
The directive should also put an end to components that some manufacturers place in their goods to shorten their life. The directive explicitly prohibits manufacturers from using contractual clauses or hardware or software solutions that would make repairs difficult. In addition, manufacturers will have to provide spare parts and tools for repairs, at a reasonable price.
There are also plans to establish a European online repair platform with links to national online platforms that member states will have to set up, containing information on repairers or sellers of refurbished goods. Consumers will thus be able to easily search the offers by goods, location of the repair shop, and conditions/times of repairs to find the nearest repair shop that matches their preferences.
The directive is pending approval by the EU Council and will be published in the Official Journal of the EU. Member states will have 24 months to transpose it into their national laws.