There is relatively uniform protection for buyers in the European Union to seek rectification of defects if goods purchased stop working within a certain period (whether under warranty or by way of a guarantee claim for non-compliance). However, in practice, there has been a tendency to replace goods immediately instead of repairing them, as in many cases, replacement (and discarding defective goods) has proved to be a more economical or cheaper option for businesses. It has also been shown that customers, if they have the option, prefer to request new goods immediately rather than avail themselves of the repair option, an option that is even more popular once the guarantee or warranty period has expired. In Slovenia, until the adoption of the new Consumer Protection Act, it was even the case that if a material defect existed, the consumer could immediately request a new product before even giving the seller the opportunity to try to repair the defect.
According to estimates, discarding products that could be repaired generates as much as 35 million tonnes of waste annually, releasing 261 million greenhouse gases into the atmosphere. Against this background, the European Union has proposed adopting a Directive on common rules promoting the repair of goods (within or outside the legal guarantee) in pursuit of the objective of sustainable consumption.
The proposal for a Directive contains various options to promote sustainable consumption by encouraging repairs instead of replacing defective products. Among others, the proposal for a Directive includes the following options:
- Prioritising repair whenever it is cheaper than replacement under the statutory guarantee: this would complement the provision of the Directive on the sale of goods that provides for a choice between repair and replacement, unless the chosen claim would be impossible to meet or would entail disproportionate costs for the seller compared to the other claim. The Directive would be complemented by the wording that the seller must always repair the goods whenever the replacement cost is equal to or higher than the repair cost. As a result, the consumer could only claim replacement if it was cheaper than repair.
- An online platform at national level connecting consumers with repairers and promoting refurbished goods: such a platform would help consumers to assess and compare the merits of different repair services, including a search function for goods, the location of the repair service and the conditions of the repair (e.g. the time needed for the repair, the possibility of providing replacement goods, ancillary services such as removal, installation and transport, and the quality standards to which repairers are bound). The platform would also allow direct requests for a European Repair Information Form and search for sellers of refurbished goods or buyers of defective goods for refurbishment.
- Obligation for repairers to issue, on request, a repair quote on price and conditions for repair in a standardised form (European Repair Information Form): the quote would be binding on the repairer for 30 days, but in all cases, the issuing the form would not be entirely free of charge, for example, if the repairer incurs any costs in providing the information included in the quote.
- Obligation for manufacturers of goods subject to repairability requirements under EU law to repair products for a fee beyond the legal guarantee: certain goods (household washing machines, household dishwashers, refrigerators and vacuum cleaners) are subject to a requirement that they be technically repairable, which would be supplemented by the proposal for a Directive to the effect that manufacturers are obliged to repair defects at the request of the consumer and for a fee, even outside the scope of the seller’s liability.
- Obligation for manufacturers to inform consumers of their repair obligation where such an obligation binds them: information will have to be provided to consumers clearly and comprehensibly.
Therefore, the proposal for a Directive contains several options to direct consumers towards repairing rather than replacing defective products. However, rights and obligations may be subject to change while adopting the proposal for a Directive.
