News

23/07/2024

Promoting the repair of goods – R2R Directive

Following the changes brought to manufacturers and sellers of goods by the so-called Goods Directive, the EU legislature is once again taking measures to promote repair as a first-class measure in the event of a product defect.

It is the EU directive on common rules promoting the repair of goods, called the R2R (Right to Repair) Directive*. The directive imposes on manufacturers the obligation to repair goods with defects that do not result from the non-conformity of the goods with the sales contract. The repair is to be free of charge or for a specified, reasonable fee paid by the consumer. The obligation does not apply to all goods, but to a large part of them – m.in. household appliances or mobile phones. On the basis of the provisions of the directive, a European online repair platform is to be created, through which the consumer will be able to find entities dealing with the repair of goods (free of charge), and the directive is also to enable the provision of the so-called European repair information forms to consumers. Importantly, contracts concluded with consumers will not be able to regulate their rights less favourably than provided for in the directive – but they will be able to extend the scope of their protection. Although the directive mainly applies to manufacturers of goods, it also introduces changes to the goods directive, thus affecting the obligations of sellers. According to the new provisions of the directive, sellers will in principle have a separate obligation to inform the consumer about their right to choose between repair and replacement, and in the case of repair of goods – the period of the seller’s liability is to be extended once by 12 months. Under Polish law, consumer claims related to the exercise of his rights in the event of non-conformity of goods with the contract (claims for repair, replacement, refund or price reduction) are time-barred in accordance with the general provisions, so it seems that the Polish legislator (in accordance with the authorisation under the Directive) will refrain from imposing liability on sellers extended by 12 months in the event of repair of goods. The R2R Directive enters into force on 30 July 2024. Member States have until 31 July 2026 to enter into force the laws, regulations and administrative provisions implementing the provisions of the Directive into their national legal order. * Directive (EU) 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828 (Journal of Laws of the European Union of 2024, item 1799).