On 15 January 2026, the German Federal Ministry of Justice and Consumer Protection (BMJV: Bundesministerium der Justiz und für Verbraucherschutz) published a draft bill on ‘promoting the repair of goods'.
What is the right to repair about?
Based on the draft EU directive on the right to repair, consumers may get defective appliances fixed even after the warranty period ends. Accordingly, producers will be required to repair products – such as washing machines, refrigerators and smartphones – for several years and at a reasonable price. The new regulation claims to enhance consumer protection, advance the principles of a circular economy, and facilitate the harmonisation of national regulations within the EU internal market. The primary objective is to promote sustainable consumption in alignment with Sustainability Goal 12 of the UN Agenda. Dr Stefanie Hubig, German Federal Minister of Justice and Consumer Protection, advocates a cultural shift toward favouring repairs. Since refurbishment is cheaper and more environmentally friendly, the draft seeks to motivate consumers to restore their devices rather than replacing them.
What obligations do producers face?
Producers must repair products even after the statutory warranty has expired if said products are generally designed to be repairable. Repairs must be carried out free of charge or at a reasonable price. In addition, spare parts, tools and relevant information shall be provided at fair conditions. Software or hardware locks, technical measures to prevent independent repairs, or blockages of spare parts must not prevent or hinder repairs. Even if an independent repair service has previously worked on a device, repairs may not be refused.
The right to repair allows consumers to have repairs carried out even after the statutory warranty has expired, even if a defect only occurs later. Appliances such as washing machines must be repairable for ten years, smartphones for seven years, with the date of manufacture being the decisive factor. To this end, repair obligations and spare parts requirements apply simultaneously.
What are the applicable timeframes for repairs?
Once the device is submitted to the producer, repairs should be carried out without delay. During this period, cost-effective or complimentary replacement devices may be provided on a temporary loan basis. The right to repair applies for several years after the end of production of a model and applies to all products with a spare parts obligation. Going forward, producers are expected to perform actual repairs on devices within the given timeframe.
What transparency and information obligations apply to producers?
Producers must publicly and clearly disclose which products they are able to repair, the recommended prices for such repairs and how their processes work. This information should be accessible to all, for example via a website or a digital product passport. Anyone who intentionally obstructs repair efforts or makes misleading statements regarding their feasibility, safety, or desirability will be subject to fines.
How are repairs being promoted over new purchases?
If consumers opt for repair instead of buying anew, the warranty is extended from two to three years, and the liability period is prolonged to twelve months. Even if defects only occur later or cannot be proven, the right to repair still applies. The reversal of the burden of proof remains effective for one year. If a product cannot be repaired, this constitutes a material defect, meaning that warranty claims apply.
The new right to repair also expands the definition of a defect (Section 434 of the German Civil Code) to include:
- Durability
- Repairability
- Functionality
- Compatibility
- Safety
The right to repair is to apply equally in all EU countries. Moreover, vouchers, bonuses or lower VAT rates will be introduced for this purpose.
How will the right to repair be implemented?
A European Repair Information Form will be implemented across Europe to provide clear and accessible details about defects, pricing, timeframes, and substitute devices. The stated price, terms and conditions apply for 30 days. Diagnostic charges must be disclosed in advance. A European online platform for repair will also be set up to disclose repair shops and refurbished goods to consumers as well as offer information about initiatives like repair cafés. Independent repair shops may also be listed, allowing consumers to decide freely which ones to use.
Which products are covered by the right to repair?
The following product categories are covered by the right to repair:
- Household appliances (washing machines, dryers, dishwashers, refrigerators)
- Electronic displays
- Smartphones, telephones, tablets
- Vacuum cleaners
- Servers & data storage
- Welding equipment
- Products with certain types of batteries
What is the timeframe for implementing the right to repair?
National implementation will take place by 31 July 2026. The right to repair applies uniformly to all Member States, with violations resulting in fines. The European Commission is to review the effectiveness of the regulations by 2031. Deviating rules are only permitted with the express consent of the Commission.
Conclusion: EU Directive 2024/1799 significantly expands the obligations of European producers. Devices must be repaired even after the warranty has expired, and repairs must not be made difficult or prevented. Spare parts, tools and information must be readily available, and transparency requirements and price specifications are to be standardised and made clearer. With the new right to repair, the EU wants to systematically strengthen sustainable consumption.
Right to repair: Do you have questions about current requirements and regulations? trade-e-bility is happy to assist you via +49/40/750687-300 or send us an email.
