Repair instead of replace: Germany moves to implement the EU Right to Repair Directive

Introduction

The German Federal Ministry of Justice and Consumer Protection has recently published a draft bill to implement the Right to Repair Directive ((EU) 2024/1799) (Directive), which must be transposed into national law by 31 July 2026. The main aim is to reduce the premature disposal of usable goods and motivating consumers to have products repaired rather than replaced.

The draft bill closely follows the Directive, but uses the available flexibility to make broader changes to German sales law. It expressly includes repairability as part of a products’ customary quality, strengthens consumers’ contractual rights on defective products (including an extended limitation period when they choose repair), and introduces a separate repair obligation for manufacturers of certain product groups. It also adds new requirements for spare parts, tools, information, and the avoidance of technical barriers to repair.

Feedback on the draft bill can be provided either directly or through industry associations by 13 February.

Substantive changes to current German sales law

Under the current draft bill, various amendments to the German Civil Code (BGB), namely to sales law, and to the German Introductory Act to the Civil Code (EGBGB) are envisaged (referred to as BGB-E and EGBGB-E).

Lack of repairability as a defect – novelty for all types of sales contracts

Going beyond the Directive’s requirements, the draft extends the definition of a material defect in Section 434(3) sentence 2 BGB to include repairability as part of a product’s customary quality (“übliche Beschaffenheit”). If a product cannot be repaired, this may trigger claims for cure or damages. This change will apply to all sales contracts, regardless of the type of product and whether the transaction is B2B or B2C.

Extended limitation period within the B2C sector

Another change introduces a one‑off extension of the statutory limitation period by 12 months if the consumer chooses repair rather than replacement (Section 475e(5) BGB‑E). In B2C sales, this means claims for defects can be brought for up to three years instead of two, creating an additional incentive to opt for repair. B2B and C2C contracts remain unaffected.

Information obligation within the B2C sector

In the context of B2C sales contracts, sellers will be obliged to inform consumers that the consumer may choose between repair and replacement, and that the limitation period will be extended in the event of repair, Section 475(4) BGB-E. 

New independent right to repair within the B2C sector

Even outside the regular sales law, manufacturers of certain consumer products – such as smartphones, refrigerators, dishwashers, washing machines and other ecodesign‑relevant goods listed exhaustively in Annex II of Directive (EU) 2024/1799 – will be subject to an autonomous statutory repair obligation, Sections 479a–479g BGB‑E. The right to repair does not extend to vehicles, other small appliances not expressly mentioned (such as stoves, coffee machines, hair dryers, air conditioners), or laptops (where only the display is covered).

Scope of right to repair 

The new regime applies where the consumer is not or no longer entitled to the remedies for defective goods specified in Section 437 BGB (for example because the limitation period has expired or the defect only occurred later), Section 479a BGB-E. It thus complements the statutory sales law system by creating a repair option irrespective of requirements such as defect upon delivery.

The repair obligation lasts as long as the relevant EU product rules require repairability and the availability of spare parts – typically at least seven years for smartphones and ten years for many large household appliances after a model has been taken off the market – unless repair is actually or legally impossible, Section 479b(2) BGB‑E. If the manufacturer is established outside the EU, its representative, importer, or distributor assumes these obligations, Section 479f BGB-E.

Content of right to repair 

Specifically, the following is envisaged with respect to repairs:

• The manufacturer must repair a defective product falling within Section 479a BGB‑E at the consumer’s request, within a reasonable period and to a condition in which the intended use is fulfilled, Section 479b(1) BGB‑E.
• Manufacturers will be able to charge a reasonable fee that can include usual profit margins but must not deter consumers from choosing repair, Section 479b(3) BGB-E. In the case of a paid repair the consumer is entitled to subsequent remedies according to statutory law for work and services contracts if, after repair, the goods are not in a condition that fulfils their intended purpose, Section 479b(4) BGB-E.
• Manufacturers  must offer spare parts and tools for repairing their goods at reasonable prices that do not discourage repair, Section 479c BGB‑E, and must provide clear, easily accessible and free information on their repair services – including price lists for typical repairs on a freely accessible website in line with the German Price Indication Regulation, Section 479d BGB‑E.
• Contractual clauses or hardware/software techniques that hinder repair are prohibited, unless justified by legitimate and objective factors such as the protection of intellectual property; in particular, the use of original, used, compatible or 3D‑printed spare parts by independent repair businesses must not be impeded, Section 479e BGB‑E.
• Any agreements that deviate from these rules to the consumer's disadvantage are invalid, and the provisions cannot be circumvented through other arrangements, Section 479f BGB-E.

European Repair Information Form and other measures

It is further planned that repair businesses may voluntarily offer consumers the European Repair Information Form, which will be incorporated into the EGBGB. 

Beyond this, the Directive provides for a European online platform for repair and additional measures to promote repairs. In this respect, it is envisaged that the German government will implement these requirements through appropriate non-legislative measures and then inform the European Commission thereof.

Outlook

For businesses manufacturing or selling goods in Germany, the draft translates into a new compliance agenda:

• Reparability as a new baseline for product compliance: Non‑repairable goods may qualify as materially defective under German sales law, and this applies to all sales contracts, i.e. B2C, B2B and C2C. Companies should therefore review product design, technical documentation and contractual descriptions of quality to ensure that reparability expectations are met and transparently reflected.
• New information duties for B2C sellers: In consumer sales, sellers must inform customers before any remedy that they can choose between repair and replacement and that choosing repair triggers a one‑off 12‑month extension of the limitation period. This will require updates to terms and conditions, websites, customer communication and internal complaint-handling processes.
• Expanded obligations for manufacturers of Annex‑II products: Manufacturers of the product groups listed in Annex II of the Directive – and where the manufacturer is based outside the EU, their EU representative, importer or distributor – will be subject to long‑term repair obligations for the typical lifetime of the product. They must offer spare parts and tools at prices that do not deter repair, provide clear and easily accessible online information and price lists for typical repairs, and refrain from technical or contractual measures that hinder repairs by consumers or independent repairers.

The Directive requires the new rules to be implemented in national law by 31 July 2026 – and that deadline is approaching quickly. Under the draft, the amended sales‑law provisions will only govern contracts concluded from that date, while the new manufacturer repair obligations under Sections 479a ff. BGB‑E will apply from the law’s entry into force, irrespective of when the goods were purchased, subject to the temporal scope of the relevant EU product legislation.