New repair obligations under the German Civil Code: What sellers and manufacturers need to know

The Right to Repair Directive (EU) 2024/1799 further supplements the law on the sale of goods: the Directive aims to create incentives for the repair of defective goods and to prevent the premature disposal of products that can be repaired. The German legislature has transposed the Directive by the deadline of 31 July 2026. The corresponding implementing legislation came into force on 23 July 2026 and brings with it far-reaching changes for sellers and manufacturers of goods.

Key points at a glance:

• Changes for sellers: Repairability becomes part of the quality required – if this is lacking, it may constitute a material defect. If the consumer opts for repair, the limitation period is extended by twelve months.
• Changes for manufacturers: A new provision introduces a direct obligation on the part of the manufacturer to repair goods for consumers, which is not linked to the manufacturer’s own status as a seller. The manufacturer must, upon request, repair certain goods, provide spare parts and publish repair information.

Changes for sellers: New definition of a defect and incentives for repair

In future, reparability will form part of the normal quality of goods sold (Section 434(3) of the German Civil Code (BGB)). If it is lacking, this may constitute a material defect that triggers warranty claims. In the B2C sector, this applies to sales contracts from 31 July 2026 onwards; in the B2B sector, it applies only to contracts from 31 December 2027 onwards. The provision may be excluded only in the B2B and C2C sectors.

Furthermore, the legislator is introducing a further incentive for repair in the B2C sector: if the consumer opts for repair, the limitation period is extended once by twelve months (Section 475e(5) of the BGB. The trader is also obliged to inform the consumer, prior to subsequent performance, of their right to choose between repair and replacement, as well as of the extension of the limitation period associated with choosing repair (Section 475(4) of the BGB).

Changes for manufacturers: New consumer right to repair

The cornerstone of the new law is the manufacturer’s obligation to repair goods for consumers (Sections 479a to 479g of the BGB). For the first time, the BGB establishes a consumer’s right to repair that is directed directly against the manufacturer, provided the manufacturer has its registered office within the EU. If the registered office is outside the EU, the right to repair is instead directed against the manufacturer’s authorised representative, the importer or the distributor within the EU.

Product groups covered

Under Section 479a of the BGB, the consumer’s right to repair requires that the goods belong to a product group listed in Annex II to Directive (EU) 2024/1799; these include, amongst others, displays, smartphones, tablets, certain household appliances and goods containing batteries for light vehicles. Furthermore, the right to repair only applies if the consumer does not have, or no longer has, warranty rights against the seller.

Obligations of the manufacturer

Upon the consumer’s request, the manufacturer must repair the goods within a reasonable period of time in such a way that the intended purpose is fulfilled (Section 479b(1) of the BGB). The obligation to repair applies for as long as the manufacturer is required to ensure reparability and the availability of spare parts in accordance with the relevant regulations set out in Annex II to Directive (EU) 2024/1799; for example, seven years for smartphone spare parts and ten years for washing machine components. The repair must be carried out free of charge or for a reasonable fee (Section 479b(3) of the BGB). Spare parts and tools must be provided at reasonable, non-prohibitive prices (Section 479c BGB).

If the goods do not reach the required condition as a result of the repair, the consumer is entitled to further rights in the form of subsequent performance, carrying out the repair themselves with reimbursement of expenses, a reduction in price, and compensation for damages.

Manufacturers must publish repair information and recommended retail prices on a freely accessible website (Section 479d of the BGB). Repair businesses may use the European Form for Repair Information when concluding repair contracts with consumers; use of the form is voluntary.

Hardware and software techniques that hinder repair are prohibited, unless justified by legitimate factors such as the protection of intellectual property. Independent repairers must not be prevented from using original, second-hand, compatible or 3D-printed spare parts (Section 479e of the BGB).

Practical challenges of the repair obligation

Repair time, repair fees and the price of spare parts must each be ‘reasonable’. The law does not define the term in more detail; it is an undefined term under EU law, the meaning of which will be clarified by case law. Key factors for guidance include, in particular, the nature and complexity of the goods or the defect, the ratio of repair costs to the original purchase price, standard industry prices and repair times, and the availability of spare parts. Businesses should base their calculations on these criteria and document them to strengthen their position in the event of a dispute.

Need for action

The new regulations mean that businesses need to take action.

• Sellers should be aware of the tightening of warranty law and incorporate this into their processes. In the B2B sector, it is advisable to make use of the option to derogate contractually and to include corresponding provisions in contracts or general terms and conditions.
• Manufacturers should check whether their product portfolio is covered by the new law and, if so, organise repair services and publish guide prices and repair information on their website.

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