With the draft bill – (here is the link to the BMJV page with all the information: BMJV – Current legislative procedures – Law implementing Directive (EU) 2024/1799 on the promotion of the repair of goods) – to implement Directive (EU) 2024/1799 on the promotion of the repair of goods, Germany is facing a significant change in consumer protection law. According to the Federal Minister Dr Stefanie Hubig: “Repairing is better than throwing away. It protects the environment and also saves money.”
The proposed amendments to the German Civil Code (BGB) must be implemented in EU Member States by 31 July 2026. The German draft aims to implement the Directive 1:1: consumers are to be given a 3-year warranty period if they choose to have their goods repaired beforehand, and manufacturers must then repair goods for a fee until the end of the periods specified in various product-related EU legal acts, up to seven or even ten years from the date of placing the last item of a model on the market.
The implementation of the EU Directive on the right to repair should not be confused with the repairability requirements for products containing certain categories of batteries. These requirements arise from the Battery Regulation (Regulation (EU) 2023/1542) and apply directly without the need for implementation.
What will change exactly?
The new law introduces three key changes:
1. Extension of the warranty period for repairs
If consumers decide to have a defective product repaired instead of replaced, the warranty period vis-à-vis the seller will be extended from two to three years.
Before a seller replaces or repairs the product, they will in future be required to inform the consumer that they have the choice between repair and replacement and that, in the case of repair, the warranty period will be extended by one year.
2. New right to repair outside the warranty
Consumers are to be given an additional new right to repair for certain products. Manufacturers of washing machines, refrigerators and smartphones will in future be obliged to repair these products at a reasonable price during their normal service life (7 or 10 years after the last unit of a model was placed on the market).
3. Requirements for repairability
The draft law clarifies that products that can normally be repaired must be repairable. Otherwise, the product is defective. Manufacturers of washing machines, refrigerators and smartphones will in future be required to provide spare parts and tools for repairs at a reasonable price.
In future, manufacturers will also be prohibited from using software or other technical protection measures that hinder repairs, for example by independent repair shops. However, technical protection measures that are justified by legitimate and objective factors such as the protection of intellectual property will continue to be permitted.
Repairs should also be possible using spare parts other than the original ones, unless this is not justified by legitimate and objective factors such as the protection of intellectual property.
When will the changes come into force?
It remains to be seen whether this will be adopted in time for the deadline of 31 July 2026.
However, the right to repair should also apply to products that were purchased in EU Member States before the law came into force on the effective date.
To which products do the new rules apply?
The new right to repair will apply to certain appliances such as washing machines, refrigerators and smartphones. The products covered are listed exhaustively in Annex II of the Right to Repair Directive. These are products for which manufacturers are already obliged to keep spare parts in stock for a certain period under European Ecodesign Regulations.
Incidentally, the Directive and its implementation take precedence over the new requirements of the European Battery Regulation (Regulation (EU) 2023/1542) as a more specific law, with good reason. The Battery Regulation establishes a separate right to “repairability”: According to this, from 18 February 2027, products containing portable batteries or batteries for light transport must be designed in such a way that batteries can be replaced at any time during the product’s lifetime. The European Commission has already published a guideline on this specific right to repairability, which also lists exceptions.
The length of time manufacturers are obliged to provide repairs is governed by European law. The repair obligation applies for as long as manufacturers are required to keep spare parts in stock under European eco-design requirements. Spare parts for smartphones, such as batteries, display assemblies and speakers, must be available for a minimum period of seven years. The seven years begin when production of the model is discontinued. For domestic washing machines and tumble dryers, spare parts such as motors, pumps, shock absorbers and springs must be available for ten years. The aim of this regulation is to ensure that the right to repair applies throughout the normal lifetime of the products concerned.
Additional measures
If the manufacturer is obliged to repair, they must provide clear and free information about repair services.
In addition, a voluntary European repair information form will be introduced, which repairers can use to provide consumers with standardised information about repair services.
Recommendations for sellers
For B2C (business-to-consumer) sellers
B2C sellers are directly affected by the new regulations and should prepare themselves in good time:
1. Implement information requirements
In future, sellers must inform consumers before carrying out a repair or replacement that they can choose between repair and replacement and that the warranty period is extended by one year in the event of a repair.
Specific measures:
- Develop standardised information letters/email templates for warranty cases
- Training customer service staff on the new information requirements
- Adaptation of internal processes for handling warranty claims
- Documentation of the information provided and the consumer’s choice
2. Adjust warranty period management
If repair is chosen, the warranty period is extended from two to three years. This has a significant impact on:
Specific measures:
- Adaptation of IT systems for recording extended warranty periods
- Revision of provisions for warranty cases in accounting
- Training employees in dealing with different warranty periods
- Clear labelling of sales contracts with extended warranties
3. Observe repairability requirements
Products that can normally be repaired must be repairable, otherwise they are defective. Manufacturers are generally not permitted to use software or other technical protective measures that hinder repair.
Specific measures:
- Check the range of products on offer for repairability
- Dialogue with manufacturers/suppliers about compliance with repairability requirements
- If necessary, adjust supplier contracts with warranty clauses
- Documentation of repairability for affected product groups
4. Clarify cooperation with manufacturers
The new right to repair is primarily directed at manufacturers who are obliged to provide repairs. However, sellers remain the point of contact for warranty claims.
Specific measures:
- Clarify the interfaces between seller warranty and manufacturer repair obligation
- Agreeing clear processes for forwarding repair requests to manufacturers
- Check whether sellers themselves wish to offer repair services
- Establishment of a network of qualified repair shops
5. Review contract structure
Specific measures:
- Revision of the general terms and conditions regarding warranty and repair
- Adaptation of sales contracts and order confirmations
- Clear formulation of rights and obligations in the event of repair vs. replacement
- Legal review of all contract documents before 31 July 2026
6. Observe the timetable
The changes regarding repairability and the extension of the warranty period only apply to products purchased on or after 31 July 2026.
Specific measures:
- Implementation of all changes by 31 July 2026 at the latest
- Clear separation between old and new contracts in the systems
- Transition management for purchases made shortly before/after the cut-off date
- Early planning (implementation should begin now)
For B2B sellers (business-to-business)
B2B sellers are only partially affected by the new regulations, mostly indirectly, but they should nevertheless be vigilant:
1. No direct application
The new right to repair applies only to consumers. Sales to businesses, traders or public institutions are not covered by the new regulations.
Specific measures:
- Clear distinction between B2B and B2C business in the systems
- Ensure that the different legal regimes are not mixed up
- For mixed business models: separate processes for B2B and B2C
However, the German draft law plans to implement the Right to Repair Directive in an extended form, in particular by expanding the concept of material defects, which is also relevant for B2B relationships.
2. Consider indirect effects
Since B2B sellers are mostly indirectly affected but still fall under the expanded definition of material defect, the following effects may arise:
Concrete measures:
- Observation of market developments: Do business customers expect similar repair options?
- Consider whether voluntary repair offers should be offered as a competitive advantage
- Prepare for possible future extension of the regulations to the B2B sector
- Dialogue with business customers about their expectations regarding reparability and sustainability
3. Manufacturers in the B2B sector
B2B sellers who are also manufacturers and sell their products to consumers (directly or through retailers) must comply with the manufacturer’s obligations:
Specific measures:
- Provision of repair services during the periods required by law
- Provision of spare parts and tools at reasonable prices
- Provision of comprehensible and free information about repair services
- Establishment or expansion of repair capacities
4. Supply chain management
Specific measures:
- Checking whether suppliers/manufacturers meet the new requirements
- Adapting supply contracts regarding repairability and spare parts supply
- Ensuring the availability of spare parts, including for B2B customers
- Establishing long-term partnerships with repair-friendly manufacturers
Recommendations for manufacturers
Manufacturers are most affected by the new regulations, as they impose new, far-reaching obligations. They should prepare comprehensively and at an early stage:
1. New repair obligation outside the warranty
In future, manufacturers will be obliged to repair certain products at a reasonable price during their normal service life. The new right to repair will apply to certain products such as washing machines, refrigerators and smartphones.
Specific measures:
a) Development of repair capacities
- Own repair workshops: Establishment or expansion of own service structures
- Authorised repair partners: Establishment of a network of qualified repair shops
- Logistics: Establishment of processes for repair acceptance, execution and return
- Capacity planning: Calculation of the expected repair volume
- Geographical coverage: Ensuring comprehensive repair options
b) Pricing for repairs
Consumers should be able to demand that the manufacturer repair the product free of charge or at a reasonable price within a reasonable period.
- Develop pricing models: Setting “reasonable prices” for repair services
- Transparent calculation: comprehensible price structures for consumers
- Free repairs: Examining when repairs must be carried out free of charge
- Competitiveness: prices must be reasonable in comparison with the market
c) Observe time commitments
The length of time manufacturers are obliged to provide repairs is governed by European law. The repair obligation applies for as long as manufacturers are required to keep spare parts in stock under European ecodesign requirements.
Spare parts for smartphones, such as batteries, display assemblies or loudspeakers, must be available for a minimum period of seven years. The seven years begin at the moment when production of the model is discontinued.
For domestic washing machines and tumble dryers, spare parts such as motors, pumps, shock absorbers and springs must be available for ten years.
- Product-specific deadlines: Precise knowledge of the commitment periods for each product category
- Long-term planning: repair obligations can last 7-10 years after the end of production
- Documentation: Recording of end-of-production dates for all models
2. Ensuring the supply of spare parts
Manufacturers of washing machines, refrigerators or smartphones will in future be required to provide spare parts and tools for repairs at a reasonable price.
Specific measures:
a) Spare parts storage and logistics
- Stockpiling: Establishment of sufficient spare parts warehouses for all affected product lines
- Storage period: Provision for 7-10 years after end of production, depending on product category
- Availability: Ensuring fast delivery times
- Cost management: Calculation of storage costs over long periods
- Obsolescence management: Handling obsolete spare parts
b) Pricing for spare parts
- Reasonable prices: Development of fair pricing models for spare parts
- Transparency: Publication of spare part prices
- Availability for third parties: Spare parts must also be accessible to independent repair shops
- Tools: Provision of necessary special tools at reasonable prices
c) Third-party spare parts
Repairs should also be possible using spare parts other than the original spare parts. The use of spare parts other than the original spare parts may only be excluded in exceptional cases where this is justified by legitimate and objective factors such as the protection of intellectual property.
- Compatibility: Products must not block third-party spare parts as a matter of principle
- Document exceptions: Demonstrate legitimate reasons for excluding third-party parts
- Competition: Acceptance of a market for alternative spare parts
3. Adapt product design (repairability)
The draft law clarifies that products that can normally be repaired must be repairable. Otherwise, the product is defective.
Specific measures:
a) Design for repair
- Modular design: Development of products with replaceable components
- Accessibility: Easy access to repairable parts without special tools
- Standardisation: Use of standardised screws and connections
- Repair-friendly design: avoidance of adhesives where possible
- Documentation: Provision of repair instructions
b) Software and technical protection measures
In future, manufacturers should not be allowed to use software or other technical protection measures that hinder repairs, for example by independent repair shops. However, technical protection measures that are justified by legitimate and objective factors such as the protection of intellectual property should still be possible.
- Remove software locks: No artificial barriers to repair
- Diagnostic software: Access to diagnostic tools for repair shops
- Updates: Ensuring that repairs do not prevent software updates
- Serialisation: Critical examination of component pairing
- Legitimate protective measures: Documentation of legitimate security requirements
c) Change product development
- R&D processes: Integrating repairability as a design criterion
- Product testing: Testing repairability before market launch
- Life cycle analysis: Consideration of the entire service life
- Cost-benefit: balancing production costs and repairability
4. Complying with information requirements
If the manufacturer is obliged to repair, they should be required to provide understandable information about repair services free of charge.
Specific measures:
a) Provision of information
- Website: Setting up a repair information platform
- Contact options: Clear contact persons for repair enquiries
- Price transparency: Publication of repair and spare part prices
- Availability: Information about repair locations and partners
- Multilingualism: Information in all relevant markets
b) European repair information form
In addition, a voluntary European repair information form will be introduced, which repair shops can use to provide consumers with standardised information about repair services.
- Form use: Implementation of the EU standard form
- Training: Training employees and partners in the use of the form
- Digitisation: Integration into online repair processes
c) Technical documentation
- Repair manuals: Creation of comprehensible manuals for specialist companies
- Circuit diagrams: Provision of technical documentation
- Fault diagnosis: Troubleshooting instructions
- Safety instructions: Clear warnings for safety-related repairs
5. Organisational adjustments
Specific measures:
a) Internal structures
- Repair department: Establishment or strengthening of dedicated repair teams
- Customer service: Training for new repair requirements
- Quality assurance: Standards for repair quality
- Process documentation: Clear procedures for repair requests
b) IT systems
- Repair management system: Software for repair orders and tracking
- Spare parts database: Management of availability and prices
- Customer database: Recording of repair history
- Reporting: Evaluation of repair volumes and costs
c) Partner management
- Authorised workshops: Establishment and certification of repair partners
- Training programmes: Further training for repair shops
- Quality control: Monitoring repair quality
- Contract drafting: Clear agreements with repair partners
6. Calculate financial implications
Specific measures:
- Cost analysis: Calculation of total costs for repair obligations
- Provisions: Creation of reserves for long-term repair obligations
- Price adjustments: Adjust product prices if necessary to cover repair costs
- Insurance: Review of product liability and warranty insurance
- Business case: Assessment of whether repair also works as a business model
7. Managing legal risks
Specific measures:
a) Clarify liability issues
- Warranty vs. repair obligation: Distinguishing between the various bases for claims
- Product liability: Liability for faulty repairs
- Guarantees: Effects of repairs on voluntary guarantees
- Recourse claims: clarification of claims against suppliers
b) Drafting contracts
- Adapting general terms and conditions: provisions on repair claims
- Dealer contracts: clarification of interfaces with sellers
- Supplier contracts: Ensuring the supply of spare parts
- Repair contracts: Standardised agreements with consumers
c) Ensuring compliance
- Legal monitoring: monitoring legislation and case law
- Documentation: Proof of fulfilment of all obligations
- Training: Regular further training on legal requirements
- Internal controls: Monitoring compliance with requirements
8. Identifying affected products
The new right to repair is intended to apply to certain appliances such as washing machines, refrigerators and smartphones. The products covered are listed exhaustively in Annex II of the Right to Repair Directive . These are products for which manufacturers are already obliged to keep spare parts in stock for a certain period under European Ecodesign Regulations. In addition, the right to “repairability” under the European Battery Regulation (Regulation (EU) 2023/1542) applies to all products containing portable batteries or batteries for light transport equipment.
Specific measures:
- Product portfolio analysis: Identification of all affected product lines regarding battery-powered products: Assess whether there are any exceptions
- Prioritisation: Focus on products with high volume or long service life
- Ecodesign compliance: Review of existing obligations
- Product categories: Precise assignment to the legal categories
