The right to repair directive: summary and action points for manufacturers

Adopted by the EU in 2024, the Right to Repair Directive (“RRD”) forms part of the green transition, setting out a comprehensive package of measures to facilitate and incentivise the repair of defective goods, including new repairing obligations for manufacturers selling into the EU, which go significantly beyond the limited repair obligations to which sellers are currently subject under the Goods Directive. With the RRD’s transposition and application period having expired on 31 July 2026, we outline some of the RRD’s key provisions and suggest some potential action points for manufacturers.

Seller’s repairing obligations under the Goods Directive

Pursuant to the Goods Directive, goods sold into the EU must meet various product conformity requirements. For example, goods must be “be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct”.

Where goods do not meet these requirements as at the date of delivery to the consumer, and the lack of conformity becomes evident within 2 years (being the minimum liability period under the Goods Directive but can be extended), the seller of the goods is liable to repair or replace the goods or offer the consumer a refund.  The fact that the lack of conformity must be present at the time that the goods are delivered precludes the seller being held liable to repair goods that deteriorate through wear and tear.

Outside the minimum 2-year liability period the seller’s obligations cease, unless the consumer purchased the goods under a contractual warranty.

The current version of the Goods Directive does not apply in the UK, with the transposition date having taken effect after Brexit. However, the Consumer Rights Act 2015 provides for a broadly analogous conformity regime, based on an earlier version of the Directive, although it differs in important respects (including the 30-day short term right to reject).

Manufacturer’s repairing obligations under the RRD

Pursuant to the RRD, the manufacturers of specified goods including washing machines, washer driers, dishwashers, fridges, vacuums, mobile phones and tablets must now undertake repairs for a “reasonable price”, within a “reasonable time”.

The obligation is extensive. Firstly, it applies unless repair is “impossible”, with the RRD clarifying that impossible means factually or legally impossible as opposed to unduly difficult or costly. In circumstances where repair is impossible, manufacturers are able to agree a refurbished replacement with consumers. Secondly, unlike the Goods Directive, the RRD is not restricted to circumstances where products were defective at the time of delivery to the consumer, meaning that consumers can use the RRD to seek repair of goods which have simply sustained wear and tear.

In addition to the core obligation to repair, the RRD also obliges manufacturers to:

• Provide, for a reasonable price, spare parts or tools necessary for repair, with spare parts to be made available for “at least” the time specified in any EU law pertaining to the particular goods in question.
• Provide, free of charge, clear and easily accessible information on their repair services, and a website which sets out indicative repair prices.
• Avoid using contractual clauses, hardware or software techniques to create barriers to repair, which are not “justified by legitimate and objective factors including the protection of intellectual property rights under Union and national law”.
• Refrain from refusing to carry out repairs on the basis that a third party has already done so.

Although the RRD obliges manufacturers to undertake repairs, consumers remain free to opt for repair by third-party companies. Accordingly, manufacturers must also provide tools and spare parts to third-party repair companies, and manufacturers must avoid creating unjustified barriers to third party repair.

The repairing obligations in practice  

How the repairing obligation applies to a given case will be fact sensitive. In the absence of a developed body of case law clarifying the RRD’s application, manufacturers could face uncertainty around the following:

• The RRD does not define reasonableness.
  • With regard to price, the RRD simply lists factors which “may” be taken into account when setting a reasonable price. These include “labour costs, costs for spare parts, costs for operating the repair facility and a customary margin”. The RRD also clarifies that a reasonable price should not “intentionally deter” consumers from pursuing repair. Particularly interesting questions could arise around products which have sustained extensive wear and tear. In such cases, a “reasonable” price may well exceed the price of a new item, once replacement parts and labour costs have been factored in.
  • Less guidance is provided in terms of “reasonable time” beyond a statement that the provision of a replacement while repairs are being carried out “cannot justify an unreasonably long time period for repair”.
• It is unclear how a court would determine whether a barrier to repair was justified. For example, the RRD specifically flags the protection of IP as a factor which may justify a barrier to repair. However, it is unclear how this may operate in practice, particularly in cases where IP might feasibly be protected through confidentiality agreements with third party repairers.

The European Repair Information Form (“ERIF”) and European Online Repair Platform (“EORP”)

With a view to making it easier for consumers to identify repairers and compare prices, the RRD makes various changes including the creation of the ERIF (a standardised form through which repairers can quote for repair works, and the EORP (a Europe-wide online platform on which repairers’ details will be listed).

Both changes are likely to increase the visibility and, potentially, demand for manufacturers’ repair services, particularly the ERIF, which provides for quotes to remain open for a mandatory 30-day period, thus preventing the adjustment of prices to reflect changing availability of materials or labour.

Amendments to the EU Goods Directive

With a view to incentivising consumers whose products are defective pursuant to the Goods Directive to choose repair as a remedy, the RRD makes several important amendments to the Goods Directive.

Firstly, the RRD adds “repairability” as a conformity requirement. Secondly, where the consumer opts for repair, the seller’s 2-year liability period will be extended by an additional year.

Whilst the Goods Directive’s obligations apply primarily to sellers, the inclusion of “repairability” is a particularly important change, which will need to be considered by manufacturers at the product design phase. Depending on the extent to which manufacturers already embrace sustainable design, this may add a new dimension to the product design phase or simply reflect existing practices.

Impact on UK based manufacturers

Where non-EU based manufacturers are selling into the EU, the RRD provides for their repairing obligation to be discharged by the EU based elements of their supply chains, which may fall on the authorised representative, importer or distributor in accordance with the tiered liability established by the Directive.

In practical terms, this means that although UK based manufacturers themselves are not subject to the RRD, the EU based elements of their supply chains are likely to push for a contract structure which places the compliance burden on the manufacturer’s shoulders.

In terms of the amendments to the Goods Directive, it is unclear whether the UK Government will legislate to introduce similar provisions in the Consumer Rights Act 2015. Manufacturers are, in any event, likely to face significant commercial pressure around compliance, given that the sale of non-conforming goods would be a significant risk issue for the EU-based elements of their supply chains.

A UK right to repair?

UK law does not provide consumers with a right to repair akin to that under the RRD. UK manufacturers are, however, obliged to comply with the Ecodesign for Energy-Related Products and Energy Information Regulations 2021, which, inter alia, impose obligations around the provision of spare parts and repair information.

Unlike the RRD, the Regulations do not have the primary purpose of incentivising repair but were introduced with a view to improving the energy efficiency of specified, primarily household, goods. As such, they do not create a statutory duty to repair and apply to a more limited range of products, including refrigerators and freezers, washing machines and washer-dryers, dishwashers, televisions and electronic displays and certain commercial refrigeration products and other specified equipment.

Action points for UK based manufacturers selling into the EU

If they have not already done so, manufacturers selling goods to which the RRD applies may wish to:

• Consider whether their processes and/or product design may pose unnecessary barriers to repair. For example:
  • Are the inner workings of products accessible such that repair can be carried out?
  • Are specialist tools required to access a product’s inner workings? If so, is it feasible to make a design change which would allow a generic tool to be used?
  • Does the manufacturer have a policy of refusing to repair goods which have already been repaired by third parties?
• Consider whether to subcontract repair obligations to a third party.
• Assess the financial burden of compliance and make provision accordingly. The storage of spare parts and tools may require particularly careful thought, in circumstances where manufacturers may need to store relevant parts and tools for long periods of time, to ensure that goods remain repairable for the relevant periods. Where a manufacturer chooses to stop manufacturing goods.
• Prepare for longer and more complex contractual negotiations. Those lower down the supply chain will likely want to put in place express terms which clarify how repairability obligations are to be met. This could raise some challenging questions around issues including:
  • The sub-contracting of repairs and the protection of IP.
  • Indemnification where the relevant party does not meet his obligations.
  • Logistics – how and where is repair to be carried out? Where will tools and parts be stored and who will bear responsibility for their safekeeping

Manufacturers supplying products into the EU should act now to assess repairability, spare parts logistics and contractual arrangements, as the RRD introduces extensive new obligations that may have significant operational and financial consequences and consider whether similar changes are on the horizon for the UK.

In the event that support is required for businesses with any aspect of this article or any issues arising from product safety or product liability claims more generally, please contact Clyde & Co's Product Liability, Safety and Recall Team led by Partners, Peter Barnes and Charlotte Kelly.