Germany’s new repair law: Implementing the EU Right to Repair Directive

In January 2026, the German Federal Ministry of Justice and Consumer Protection (BMJV) proposed a draft law to implement the EU's Right to Repair Directive (Directive (EU) 2024/1799) into German law, with the aim of promoting the repair of defective products. This will bring material changes and comprehensive obligations for sellers and manufacturers. Consumers who opt for repair instead of replacement will now benefit from a one-year extension of their statutory warranty rights. In addition, manufacturers of certain products (including washing machines, dishwashers, vacuum cleaners and mobile phones) will be required to repair these products upon the consumer's request. The proposed legislation introduces substantial amendments to the German Civil Code (BGB) and the Introductory Act to the German Civil Code (EGBGB).

I. New rules

The rules introduce new obligations for sellers and manufacturers, and establish a new European Repair Information Form, which can be used by repairers (including sellers and manufacturers):

1) Obligations for sellers

When a seller delivers a defective product to a consumer, the consumer is entitled to statutory warranty rights for a period of two years after the product has been delivered. This includes, among others, the consumer’s right to choose between repair and replacement in the case of a defective product. To promote repair over replacement, the following new obligations apply:

• Products must now be repairable where this is customary for products of the same kind; otherwise, the lack of repairability may qualify as a defect, entitling the consumer to assert the statutory warranty rights (Sec. 434 (3) BGB).
• Consumers already have the right to choose between repair and replacement in the event of a defect (subsequent performance); the statutory limitation period for these rights is 24 months. Under the new rules, if the consumer chooses repair instead of replacement, the statutory limitation period will be extended once by 12 months. The 12 months will not be added to the 24 months, but to the remaining limitation period for the product (cf. Rec. 40 Right to Repair Directive). There is no such extension for replacements (Sec. 475e (5) BGB).
• Sellers must now expressly, and prior to providing subsequent performance, inform consumers about: (1) their right to choose between repair and replacement; and (2) the extension of the limitation period, if the consumer opts for repair. This information can be provided on the seller’s website and in its general terms and conditions (Sec. 475 (4) BGB).
• If the consumer nevertheless opts for replacement, sellers no longer have to supply only new products. Now, the sellers may supply refurbished products, provided, however, that the consumer has expressly requested this (Sec. 475 (6) BGB).

The new rules apply to sales contracts concluded on or after 31 July 2026.

2) Obligations for manufacturers

Outside the statutory warranty period (i.e., after the expiry of the two-year statutory warranty period or where the product was not defective upon delivery), consumers may now demand from the manufacturers of certain products that they repair these products if they are defective. Manufacturer means any person who manufacturers a product or has a product designed or manufactured, and markets that product under their name or trademark (Art. 2 (5) Right to Repair Directive, 2 (42) Ecodesign Regulation). The following new obligations apply (Sec. 479a et seqq. BGB):

• Consumers can demand from the manufacturer that they repair their product, provided that:
  • the product is listed in Annex II of the Right to Repair Directive; the list includes a comprehensive range of products, e.g., washing machines, dishwashers, vacuum cleaners and mobile phones;
  • the product was purchased by a consumer; and
  • the consumer has no (longer) statutory warranty rights for that product because the two-year statutory warranty period has expired or the product was not defective upon delivery (Sec. 479a, 479b (1), (2) BGB).

The repair claim is a statutory claim, meaning that the parties do not have to conclude a repair contract for the provision of repair services; however, concluding such a contract may be advisable for both parties to clarify the modalities of the repair service (e.g., price and other conditions).

• The manufacturer’s repair obligation begins with placing the product on the market (cf. Rec. 25 Right to Repair Directive). The duration and scope of the repair obligation are determined by various EU legislation listed in Annex II of the Right to Repair Directive (Sec. 479b (2) BGB). Two examples:

Example 1: the Commission Regulation (EU) 2019/2023 determines the availability of certain spare parts for household washing machines such as motors, pumps or electronic displays for a minimum of 10 years after placing the last washing machine on the market. If the motor of the household washing machine becomes defective, the manufacturer must repair it for a duration of 10 years after placing the last washing machine on the market.

Example 2: the Commission Regulation (EU) 2023/1670 determines the availability of certain spare parts for smartphones such as batteries, cameras or speakers for a minimum of 7 years after placing the last smartphone on the market. If the camera of the smartphone becomes defective, the manufacturer must repair it for a duration of 7 years after placing the last smartphone on the market.

• As described, the duration and scope of the manufacturer’s repair obligation vary depending on the type of product. To enable consumers to easily determine whether they can demand a repair, manufacturers must provide, in connection with their repair obligation, free of charge, easily accessible, and clear information about their repair services (e.g., which products are covered) and publish typical repair prices for covered products on their website (Sec. 479d BGB).
• Repairs must be carried out within a reasonable timeframe (Sec. 479b (1) BGB). Manufacturers may not refuse the repair solely because a previous repair or inspection was carried out by other repairers or persons. They may refuse the repair, however, if it is (actually or legally) impossible, in which case a refurbished product may be offered (Sec. 479b (2) BGB).
• Manufacturers may charge a reasonable fee for the repair.
• If the manufacturer charges a fee, the repaired product is subject to the consumer’s acceptance (Sec. 479b (3), (4) BGB). If the product is not restored in a condition suitable for its intended use, the consumer may refuse acceptance and:
  • demand subsequent performance (i.e., new repair) (Sec. 635 BGB);
  • carry out the repair themselves (after setting a reasonable grace period) and claim reimbursement of necessary expenses (Sec. 637 BGB);
  • reduce the repair price (Sec. 638 BGB); and
  • claim damages (Sec. 280, 281 BGB) or reimbursement of futile expenses (Sec. 284 BGB).

The consumer does not have a right to rescission (Rücktrittsrecht). The reason for this is that the consumer’s right to have the product repaired is a statutory claim (and not a contractual claim); as explained above, however, it may be advisable to conclude a repair contract in order to have clarity regarding the modalities of the repair services. It is unclear why a right to rescission should also be excluded in such cases, and it is yet to be seen whether this will be clarified during the legislative process.

The aforementioned rights do not apply if the manufacturer carries out the repair free of charge.

• Manufacturers that (have to) make spare parts and repair tools available shall offer a reasonable price (Sec. 479c BGB).
• Manufacturers must not: (1) use hardware or software measures that hinder the repair of covered products, unless justified (e.g., IP protection); and (2) obstruct the use of original, used, compatible or 3D-printed spare parts by independent repairers, provided these spare parts comply with legal requirements such as product safety and IP rights (Sec. 479e BGB). Such restrictions are also prohibited in general terms and conditions (Sec. 307 BGB).
• Manufacturers that are established outside the EU must appoint an authorized representative in the EU to perform their obligations. If no such authorized representative exists in the EU, the repair obligations fall to the importer, and if there is no importer, to the distributor (Sec. 479f BGB).
• Deviating agreements between consumers and manufacturers (or, as applicable, authorized representatives, importers or distributors) are not permitted (Sec. 479g BGB).
• Manufacturers do not have to carry out the repair themselves but may engage third parties to fulfil their repair obligations (Sec. 278 BGB).

The new rules (Sec. 479a et seqq. BGB) apply from the date of entry into force, i.e., regardless of the date on which the consumer bought the product (but subject to the EU legislation referred to in Annex II of the Right to Repair Directive).

3) European repair information form

Repairers may use a new standardised European Repair Information Form for the conclusion of a repair contract with the consumer. Repairer means any business that provides repair services, including sellers (who offer repair services outside the statutory warranty period) and manufacturers. The following applies for the use of this form (Art. 245 Sec. 1 et seqq. Introductory Act to the German Civil Code (EGBGB)):

• Use of the form is voluntary for repairers for the conclusion of the repair contract with the consumer.
• The form (if used) must clearly and comprehensively set out the main details about the repairer and the repair services (e.g., identity of the repairer, the product to be repaired, nature of the defect, duration of the repair, etc.). A form that includes these details constitutes a binding offer by the repairer to conclude a repair contract with the consumer; the offer is valid for at least 30 days to allow the consumer to compare offers from various repairers. As explained above under 2), however, if the repairer is the manufacturer, the consumer may demand the repair, regardless of whether a repair contract is concluded.
• The form (if used) must be provided to the consumer free of charge, on a durable medium, within a reasonable time after the repair request and before the consumer is bound by a repair contract.
• If a diagnostic service (including on-site or remote inspection) is needed to identify the defect, determine the repair and estimate costs, the repairer may charge the consumer for this service. The consumer must then be informed of these costs before the provision of the diagnostic service and before receiving the form.
• An advantage of using the form is that the repairer thereby fulfils its legally required pre-contractual information obligations (e.g., regarding the essential characteristics of the repair service as well as the identity and contact details of the repairer) provided for under Art. 246 and 246a EGBGB.

II. Why it matters for businesses

The new rules will reshape the repair landscape, creating significant operational, legal, financial and strategic implications for businesses:

• Products must be repairable where customary; otherwise this may constitute a defect.
• Sellers will need to reassess their warranty after sales, and customer service strategies, as the mandatory 12-month warranty extension for repaired products may lead to increased long-term support obligations and higher operational costs.
• Sellers and manufacturers must ensure compliance with new information obligations, including updates to websites and general terms and conditions.
• Staff training will be required to properly handle repair claims.
• Manufacturers must expand or establish repair infrastructures to meet repair demand and ensure timely performance. Where manufacturers perform repairs in-house, new operational procedures must be implemented, including the acquisition of additional personnel and facilities and binding agreements with spare-parts suppliers.
• Manufacturers must consider whether to offer repairs for a fee or free of charge, and the repair obligations must align with any manufacturer warranties, potentially requiring adjustments to the warranty system.
• An increase in independent repair services is likely, as consumers no longer face disadvantages when choosing third party repairers first. This heightened competition may require businesses to differentiate their own repair services through factors such as quality, speed or pricing, as consumers will have freedom to seek repairs outside the manufacturer’s channels without losing rights.
• Manufacturers must refrain from asserting that repairs pose safety risks, as such claims may constitute misleading commercial practices.
• Importers and distributors may be affected by the new rules if they source goods from outside the EU.
• Further products are expected to be added by the EU Commission that are subject to the manufacturers’ repair obligation.

In the event of violations, actors such as competitors, qualified consumer organizations, and chambers of commerce and industry may bring cease and desist claims against the manufacturers, sellers and repairers, both in court and out of court (based on the Act against Unfair Competition (UWG) or the Act on Injunctive Relief (UKlaG)).

III. Next steps

The draft law will now proceed through the different stages of the legislative process before being adopted by the German Bundestag, and it is likely that the draft will be amended during the legislative process. This must be completed by 31 July 2026.

The Right to Repair Directive follows a full harmonisation approach, meaning that the EU Member States may not introduce stricter or more lenient consumer protection rules, unless expressly permitted (Art. 16 (2) Right to Repair Directive).

The European Commission will also establish a European Repair Platform by 31 July 2027, designed to help consumers find and access repairers. Use of the platform will be free of charge for consumers, and registration for businesses will be voluntary (Art. 7 – 9 Right to Repair Directive). In addition, the EU Member States must also take (at least one) measure(s) to promote repair and report to the European Commission by 31 July 2029 accordingly.

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