EU: Fix – Don’t Ditch!

Oct 13, 2023 Benn-Ibler Rechtsanwälte

The EU Commission wants to introduce new consumer rights to make repairs easier and more attractive. The aim is to save resources and reduce waste. Smartphones that have to be replaced because the batteries cannot be changed will soon be a thing of the past. Consumers should be able to live more sustainably. For example, they could take their broken devices to 'repair cafes'.

The EU Commission’s proposal aims to ensure that more products are repaired under a legal guarantee. It also aims to give consumers easier and cheaper access to repairable products. In addition, it is intended to support the objectives of the European Green Deal.

EU member states are currently negotiating the European Commission’s proposal for a circular economy and greater sustainability. The measures are intended to help protect the environment and combat climate change. An EU-wide regulation for the internal market would create more uniformity.

Sellers are required to offer repair unless it is more expensive than replacing the product, over and above the existing legal framework of the guarantee.

One of the key elements of the new proposals is a digital product passport. Consumers will be able to see how products are made, whether they can be repaired, and whether they are recyclable. Inaccurate and unverified product claims such as ‘green’ and ‘environmentally friendly’ will be banned.

Above all, the new law would contain provisions that help to reduce repair times, otherwise there will be no incentive to repair. For example, manufacturers should be obliged to stock and supply the appropriate spare parts.

Repairs should also be provided not only within the warranty period, but for a period beyond. In which cases a repair should be free of charge is still to be determined.

European Commission, Press Release, Right to Repair (22 March 2023)