BMJV presents draft bill for implementation of the Right to Repair Directive
On 15 January, the Federal Ministry of Justice and Consumer Protection (BMJV) presented a draft bill for the implementation of Directive (EU) 2024/1799 on the promotion of the repair of goods.
The aim of the directive is to strengthen the repair and reuse of functional goods both during and after the statutory warranty period. This is intended to prevent many products that are merely defective but otherwise still usable from being disposed of prematurely. Consumers should therefore be encouraged to have such goods repaired instead of replacing them with new ones.
The draft bill makes amendments to the Civil Code (BGB) and the Introductory Act to the Civil Code (EGBGB).
The changes to sales contract law proposed in the draft bill stipulate that, in addition to characteristics such as durability, functionality, compatibility and safety, reparability will also be taken into account in future as a feature of the normal quality of a purchased item within the meaning of Section 434 (3) sentence 2 BGB. If, within the framework of subsequent performance pursuant to Section 439 BGB, the consumer opts for repair instead of replacement, the warranty period will in future be extended once by an additional twelve months in accordance with Section 475e (5) BGB-E. According to the draft, the entrepreneur is obliged to inform the consumer before carrying out subsequent performance about the existing right to choose between repair and replacement delivery and about the extended warranty period in the event of repair (Section 475 (4) BGB-E). In the context of subsequent delivery, the trader may also deliver reconditioned goods at the express request of the consumer (Section 475(6) BGB-E).
In addition, the draft provides for the introduction of a repair obligation for manufacturers of certain goods. Manufacturers of these goods (e.g. washing machines, refrigerators, smartphones, tablets) will in future be obliged to repair these goods free of charge or at a reasonable price at the consumer's request, and manufacturers who are subject to the new repair obligation must offer spare parts and tools at reasonable prices that do not make repair difficult or prevent it (Section 479c BGB-E). within a reasonable period of time (Sections 479a, 479b BGB-E). In addition, there is an obligation to inform consumers in an easily accessible manner about the repair services offered and to provide access to price lists via a freely accessible website (Section 479d BGB-E). Manufacturers are prohibited from using technical or other protective measures to hinder independent repair services or the use of used or 3D-printed spare parts, unless these measures are justified by legitimate, objective reasons such as the protection of intellectual property (Section 479e BGB-E).
The implementation period for the Right to Repair Directive expires on 31 July 2026.
