Manufacturers face extra repair requirements as new legislation takes effect

The new German law governing consumer rights around repairs of goods came into effect on 23 July 2026 – just days before the EU deadline for countries to transpose the Right to Repair-Directive into their national legislation by the end of July.

Under these EU-wide rules, manufacturers in member states are required to offer repairs to defective items such as washing machines, vacuum cleaners and mobile phones.

Johanna Weißbach, a dispute resolution expert with Pinsent Masons in Munich, said the new rules would provide additional challenges going forward for retailers.

“The objective of the Right to Repair Directive is to improve how the EU market functions while also ensuring a high level of consumer protection and promoting a more circular and sustainable economy,” she explained.

“It means consumers will be encouraged to use their products for longer, thus reducing the premature disposal of usable goods. While the new German rules only apply to sales contracts concluded after 30 July 2026, businesses should make sure they are ready for the implementation.

“To ensure that repairs can be carried out within the prescribed deadlines, it would be advantageous to secure sources of spare parts and establish cooperation agreements with repairers as early as possible, and to make sure appropriate indemnification arrangements have been put in place with suppliers.”

Sellers are already required to offer repair of defective goods free of charge during the two-year statutory warranty period under existing legislation. The directive builds on this framework by extending the warranty period by an additional 12 months if a consumer chooses repair under the new rules, thus creating a further incentive to choose repair.

Consumers continue to have the right to choose between repair and replacement, with sellers required to inform them of this option before carrying out repairs.  The manufacturer is also required to provide repairs upon request even outside the warranty period unless repairing the defect is impossible – with fixes to be offered within a reasonable timeframe and price.

Manufacturers have to supply spare parts and repair tools for between five and 10 years – depending on the product – after they stop making items, and will be banned from using contractual terms, software locks, hardware restrictions or similar measures to stop independent operators from providing repairs.

In addition, manufacturers must provide consumers with clear and easily accessible information regarding available repair services and indicative repair costs. A standardised repair form for Europe being introduced to ensure repair cost estimates are easily comparable across the bloc, while a Europe-wide portal for consumers to find repair services in their country will also be developed.

For companies outside the EU, obligation for repairs falls on the importer or European distributor,

The duration of these obligations is linked to the repairability requirements applicable to the relevant product category under EU sector-specific legislation and may therefore extend several years beyond the statutory warranty period.

Germany’s transposed version of the directive goes further than the requirements of the directive by expressly recognising repairability as an element of a product's customary quality.  This means a lack of repairability may constitute a defect giving rise to statutory remedies - including repair, replacement and damages claims.