Repairing instead of replacing – How the European “Right to Repair” is changing German sales law

The landscape of German sales law is once again undergoing “restructuring”: At the EU level, Directive (EU) 2024/1799 on promoting the repair of goods establishes another building block of the “Right to Repair,” which is likely to have a comprehensive impact on German law. The goal is to make repairs more attractive than buying new products and to extend product lifespans. At the same time, manufacturers, retailers, and other economic actors are faced with far-reaching new obligations under the “Right to repair” enshrined in the directive.

Status of national legislation

The implementation deadline is July 31, 2026. A draft bill from the Federal Government has been submitted and is currently still going through the parliamentary process. It remains to be seen whether the timeline will be met.

New repair obligation

The core provision is the manufacturers’ obligation to repair products for consumers throughout the products’ normal lifespan, which will essentially be implemented in Sections 479a et seq. of the draft German Civil Code (BGB-E). This obligation will apply even outside existing contractual relationships and cannot be derogated either through general terms and conditions or through individual agreements. Where manufacturers are established outside the EU, claims will be directed against authorized representatives, importers, or distributors. Initially, the scope covers only product categories for which ecodesign requirements exist and which are listed in Annex II of the aforementioned Directive (EU) 2024/1799 (including household appliances, displays, smartphones, tablets, and – with regard to their batteries – e-bikes and e-scooters); the list may dynamically expanded by the Commission,  making close monitoring essential for manufacturers.

Carrying out the repair

The repair must be performed free of charge or for a reasonable fee within a reasonable period of time and must restore the product to its intended use. According to the legislative rationale, manufacturers may include standard market profit margins in the price of repairs in addition to covering costs. Manufacturers must publish repair information and recommended prices, provide replacement parts and tools at reasonable prices, and refrain from using hardware or software techniques that hinder repairs. In addition, a European form for repair information is made available to companies – manufacturers, sellers, and other repair businesses – which they can use when entering into repair contracts to fulfill their legal obligations to provide information to consumers.

Relationship to the warranty and the statute of limitations

If no warranty under sales law applies (e.g., after the statute of limitations has expired), the right to repair shall apply (but only then). Within the scope of the warranty, the draft provides an incentive for repair: If the buyer chooses repair instead of replacement, the (otherwise applicable) statute of limitations is extended from two years to three years. Under the draft, the seller is obligated to inform the consumer, prior to performing the remedial action, of the existing right to choose between repair and replacement, as well as of the extended warranty period in the event of repair. In the case of repairs performed for a fee, additional warranty rights under a contract for work and services apply.

Repairability as a quality characteristic

Repairability is to become part of the “usual quality” within the meaning of Section 434(3), sentence 2 of the German Civil Code (BGB) – for all products. If a product is not repairable, even though this is customary for items of the same type and can be expected by the buyer, a material defect exists; as a result, the buyer is entitled to warranty rights. An exclusion of liability is only possible in B2B relationships.

When do the changes take effect?

The new provisions of sales law – in particular the extended warranty period and the seller’s expanded disclosure obligations – apply to contracts entered into on or after July 31, 2026. With regard to the expansion of the standard quality requirement to include the criterion of “repairability,” an additional transition period applies in the B2B sector to give companies sufficient time to adapt to the new requirements. This criterion therefore applies only to contracts concluded after December 31, 2027. In contrast, the manufacturer’s new repair obligation applies as soon as the law takes effect, regardless of when the goods in question were sold.

Impact and need for action

Clear warnings are already emerging from practice: The need for a uniform definition of reparability is emphasized, as the effort required for repairs varies greatly (“In principle, any product can be repaired; it’s just that the effort involved varies greatly.”); Criticism is also directed at the dynamic reference to Annex II of Directive (EU) 2024/1799 regarding the product groups covered by the scope of application – which automatically expands the regulatory scope – as well as the transition period, which is too short in light of the legislative process.

In view of the anticipated introduction of the right to repair – which is likely to take place in the near future – manufacturers of the affected product groups should immediately review their repair structures outside the warranty period and – where necessary – establish or adapt them. This includes, in particular, the strategic decision as to whether repairs will be performed in-house or by third parties acting as subcontractors (e.g., specialty retailers). Consequently, contracts must be updated, and a reliable exchange of information must be ensured. At the same time, relationships with suppliers should be reviewed and, if necessary, realigned to ensure the availability of the replacement parts and tools required to fulfill the repair obligation. Finally, websites and customer communications should be adapted early on to reflect the repair offerings so that information duties can be met in a timely manner.