Modern society has long been based on a so-called linear economy model, i.e. ‘production-consumption-discard’, but limited resources and increasingly evident climate change are forcing us as individuals to seriously reflect on our consumption habits.
In recent years, the European Union, in the wake of these considerations, has become a clear promoter of the transition to a circular economy, i.e. a production and consumption model that implies sharing, lending, reusing, repairing, reconditioning and recycling existing materials and products for as long as possible.
Following a ten-year legislative process, EU Directive 1799/2024 (published in the Official Journal on 10 July 2024) represents the most recent evolution of these principles.
But, specifically, what are the novelties introduced by the European Institutions?
First of all, the aforementioned Directive establishes a real ‘right to repair’, obliging manufacturers to provide timely and inexpensive repair services, supplying spare parts at reasonable prices, and also to inform consumers about their rights. The manufacturer should only be exempted from the repair obligation if repair is legally or practically impossible.
This Directive applies to the repair of goods purchased by consumers in the event of a defect in the goods that occurs or becomes apparent outside the seller’s responsibility, the so-called legal guarantee provided for in Article 10 of Directive 771/2019 (which applies to sales contracts between consumers and sellers, subject to the limitations expressly indicated therein) and transposed into national law in Article 133 of the Italian Consumer Code. This warranty is extended if a repair is carried out, on a one-off basis, for 12 months.
Another important innovation of the Directive under review is the introduction of a standard European repair information form, containing fundamental parameters such as: the nature of the defect, the price, the time limit within which the repairer undertakes to complete the repair. Where the repairer offers additional services (such as transport) these costs should be indicated individually. The use of this form remains at the discretion of the individual repairer.
In addition, the Commission will, by 31 July 2027, develop a European online platform that will enable consumers, via also national contact points set up by individual Member States, to find repairers and/or sellers of reconditioned goods, buyers of defective goods or participative repair initiatives.
Finally, another important principle expressed in the EU Directive 1799/2024 is that the repair obligation should also apply if the manufacturer is established outside the European Union: in this case, the addressee of these provisions will be the authorised representative in the Union or, failing that, the importer and/or distributor of the good, with the subcontracting of the repair activity to third parties remaining allowed in any case.
By 31 July 2026, the Member States will have to transpose the principles expressed in Directive 1799/2024 into their national laws.
THE RIGHT TO REPAIR – EU Directive 1799/2024
