New Right to Repair: Federal Ministry of Justice and Consumer Protection publishes ministerial draft bill to transpose the EU Right-to-Repair Directive into German law

The German Federal Ministry of Justice and Consumer Protection’s draft bill of 15 January 2026 for an Act to implement Directive (EU) 2024/1799 on promoting the repair of goods (the “Directive”) is intended to introduce an independent statutory right to repair for consumers for certain product groups into the German Civil Code (BGB). The objective is to strengthen consumer rights and to promote sustainable, circular consumption. A synoptic German language comparison between the current legal situation and the ministerial draft is available here.

Which companies and products are affected?

A statutory repair obligation will be introduced for manufacturers of product groups listed in Annex II of the Directive for which EU law already stipulates reparability requirements under product specific ecodesign delegated acts. These include, among others, washing machines, dishwashers, refrigerators, smartphones, tablets and — regarding their batteries — e bikes and e scooters. The product groups are expected to be progressively expanded. If the manufacturer is located outside the EU, the corresponding obligations apply to its authorised representative or to the importer or distributor of the products.

What obligations are coming?

• Repair obligation

Manufacturers must offer consumers repair services for the usual lifespan of the defective product concerned. This statutory repair obligation applies only to products for which consumers do not or no longer have statutory remedies for lack of conformity; it therefore complements sales law remedies. 

Repairs must be offered within a reasonable period and at a reasonable price. According to the draft bill’s explanatory memorandum, manufacturers may factor in, in addition to cost coverage, customary profit margins for repair services. For further details of the repair obligation — particularly the consequences of inadequate repairs — reference is made in part to provisions of the law governing contracts for work and services.

Because the right to repair constitutes an independent statutory claim by consumers, entering into a separate repair contract is not mandatory, and according to the explanatory memorandum the repair may not be made conditional upon the conclusion of such a contract. The parties are, however, free to enter into a repair contract voluntarily, provided that this does not derogate from the mandatory statutory repair provisions to the detriment of the consumer.

Manufacturers are also obliged to offer spare parts and tools, which they make available for the repair of their goods, at a reasonable price. As a rule, they may not create technical or software-based obstacles to repair and may not impede the use by independent repairers of original spare parts, used spare parts, compatible spare parts and spare parts manufactured via 3 D printing.

• Information obligation

For as long as the repair obligation exists, manufacturers must make information about repair services easily accessible, clear and comprehensible, and available free of charge. For typical repairs, price lists must also be published on a publicly accessible website.

In addition, the European Repair Information Form will be made available to companies (manufacturers, sellers, and other repair service providers). This may be used to fulfil statutory information obligations when entering into a repair contract.

• Amendment of warranty rules

In addition to durability, reparability will in future form part of the usual quality of goods. A lack of reparability can therefore in itself trigger claims for lack of conformity.

Repairs carried out under the statutory remedies regime are also to be incentivised by leading to a one time extension of the limitation period for warranty claims by a further 12 months vis-à-vis consumers, and therefore from two to three years. Under German law, the interaction with section 212 BGB (recommencement of the limitation period by acknowledgement) will need to be clarified as currently, acknowledgement of an obligation to provide a replacement product already restarts the two year limitation period for the item as a whole, and acknowledgement of an obligation to repair restarts the limitation period in respect of the specific defect. 

What happens next?

The Federal Government aims for timely implementation of the Directive by 31 July 2026. If the act is adopted as intended, the right to repair and the associated information obligations will apply from that date of entry into force regardless of the date of purchase of the relevant products. By contrast, the sales law provisions, in particular the extended limitation period in case of repairs, will apply only to purchase contracts concluded on or after 31 July 2026.

What should companies do now?

Given the planned near term introduction of the right to repair, manufacturers of the affected product groups should already review their infrastructure for repair services outside the legal warranty and, where necessary, establish or adapt it. This includes, in particular, the strategic decision whether the repair services are to be provided directly by the manufacturers or by third parties as subcontractors (e.g., specialist retailers). Contracts should be adjusted accordingly and information flows ensured. In addition, relationships with suppliers should be reviewed and, where appropriate, adapted to ensure the availability of the spare parts and tools necessary to meet the repair obligation. Companies should also prepare now to adapt their websites and customer communications regarding repair services in order to meet the information obligations in good time.