Right to repair: This is what the law says

Repair instead of discard: The Federal Ministry of Justice has presented a draft law for the right to repair. This implements EU consumer protection regulations. Read the details here.

This article is part of the special topic Repair instead of throwing away

Smartphone, washing machine, vacuum cleaner – when a Electrical appliance defective Often, items are bought new instead of being repaired. This is not sustainable, which is why a new right to repair is to be included in the law. This right is intended to Gewährleistungsrechte and add warranties to consumer goods purchases.

Germany is thus intervening EU Directive 2024/1799 up, which Right to repair introduced in July 2024 has. Until the July 31, 2026 All EU member states must transpose these regulations into national law verbatim. This is intended to improve consumer protection and sustainability.

The innovations in detail

New right to repair 

Photo: © DHB

Manufacturers of certain technical products such as washing machines, refrigerators and smartphones will have to comply with regulations regarding their devices in the future. free or to one a fair price repair, if they break after purchase. This right to repair valid for several years – bei washing machines at least ten yearsWherein Smartphones at least seven Years. The period begins as soon as the manufacturer stops production of the model in question, not at its market launch.

The law applies to All products, for which the manufacturers according to existing law over a certain period of time Spare parts They must have the devices ready during this time. repair.

Especially to Our Process is Warranty period The new law becomes important when no further claims exist against the seller. However, the right to repair also applies if the Defekt first later known as This applies if the defect occurs or if the buyer cannot prove that the defect was already present at the time of purchase. Consumers can then have their device repaired instead of throwing it away. 

No more blocking software 

The draft law clarifies: If a product nicht reparieren Although this is to be expected with this type of product, there is a Material defect before. In this case, the customer can [do something]. Gewährleistungsrechte use. Manufacturers of devices such as washing machines, refrigerators or smartphones will also have to do so in the future. Spare parts and Tools now reasonable price .

You may also no software or use technical protective measures that allow for repair complicateThis also applies to repairs by independent workshops or for repairs using non-original spare parts.

Extended warranty period for repairs

If consumers choose to take advantage of a defective product Repair instead of New delivery decide extended the Warranty period. Instead of two years, it then applies three years vis-à-vis the seller. This should make repair a more attractive option. The deadline of reversal of the burden of proof – meaning the period during which it is assumed that the defect was already present at the time of handover – remains at one year, as before.

The draft law from the BMJV can here be downloaded.

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

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