The EU Right to Repair Directive (Directive (EU) 2024/1799) is one of the most consumer-friendly shifts in recent EU law. It creates obligations for producers to repair goods, extends guarantee periods after repairs, and gives you a right to independent repair. But many purchase contracts drafted before the national transposition deadlines still ignore these rights. Before buying, know what the Directive requires and what contractual workarounds to watch for.
What is a Right to Repair?
The Right to Repair Directive (Directive (EU) 2024/1799) was adopted on 13 June 2024 and must be transposed by Member States by 31 July 2026. It sets rules on: producers' obligation to repair goods listed in Annex II of the Ecodesign/Sale of Goods regimes (including washing machines, dishwashers, fridges, smartphones, tablets, and others); access to spare parts, tools, and information for independent repairers; a European online repair platform to connect consumers with repairers; and a shift of the burden of proof in conformity defects, extending the legal guarantee under Directive (EU) 2019/771 by 12 months after repair. It complements the Sale of Goods Directive and the Unfair Commercial Practices Directive.
Red flags to watch for
Producers of goods in Annex II (specific white goods, smartphones, tablets) must repair even after the 2-year legal guarantee expires, up to 5-10 years depending on product category. Contract clauses excluding this are unenforceable after the transposition deadline.
Art. 5 and the Unfair Terms Directive (93/13/EEC) make 'authorised repairer only' warranty voidance an unfair term for most consumer goods.
Producers must make repair information, diagnostic tools, and spare parts available to independent repairers at fair, reasonable, and non-discriminatory terms (Art. 6).
The Sale of Goods Directive 2019/771 requires repair or replacement within a reasonable time and without significant inconvenience. Producers quoting 60+ days for simple repairs likely breach this.
Art. 14 of the Right to Repair Directive extends the legal guarantee by 12 months from the moment of repair. Contracts ignoring this are non-compliant.
Parts pairing or serialisation that prevents legitimate third-party parts from working is treated as anti-competitive under Art. 7 and may breach the Digital Markets Act where applicable.
The Sale of Goods Directive distinguishes repair from replacement. Contracts automatically substituting a refurbished unit without consent may breach Art. 13.
Your legal rights
EU consumers are protected by: the Right to Repair Directive (Directive (EU) 2024/1799), transposition deadline 31 July 2026; the Sale of Goods Directive (Directive (EU) 2019/771); the Ecodesign for Sustainable Products Regulation (Regulation (EU) 2024/1781); the Unfair Commercial Practices Directive (2005/29/EC) and its 2024 amendments on 'green claims'; the Unfair Terms in Consumer Contracts Directive (93/13/EEC); the Digital Content Directive (Directive (EU) 2019/770); the General Product Safety Regulation (Regulation (EU) 2023/988); national transposition legislation; and the Digital Markets Act (Regulation (EU) 2022/1925) where 'gatekeepers' are involved in product-lock behaviour. Enforcement is by national market surveillance authorities, consumer protection authorities, courts, and the European Consumer Centres Network. Collective redress is available under Directive (EU) 2020/1828.
Questions to ask before you sign
- 1Is this product within Annex II (white goods, smartphones, tablets, etc.) of the Right to Repair scheme?
- 2What is the legal guarantee period in my Member State, and how is it extended after repair?
- 3Can I use an independent repairer without voiding the warranty?
- 4Are spare parts, tools, and diagnostic information available on FRAND terms?
- 5What is the maximum time for repair and what is the remedy if it's exceeded?
- 6Does the contract provide for replacement with a new vs refurbished unit, and who decides?
- 7How is software pairing or serialisation handled for legitimate third-party parts?
- 8How can I access the European online repair platform for this product?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.