The EU Right-to-Repair directive: why do we need legal protection of this right via imperative legal norms?

Abstract

Consumer’s right to repair is unquestionable in legal documents, because the consumer who validly concluded and executed sales contract, has acquired the right of ownership of a sold item and therefor he has the right to decide whether it should be repaired or not. Also, he has the right to decide whom to trust to repair of the defective product. Repairing product is cheaper than buying a new one, especially when it comes to more expensive items such as mobile phones, computers, home appliances, etc. However, manufactures question that right by developing certain commercial practices, motivated by their desire to achieve the highest possible profits, not taking into account the need for consumer protection, the prohibition of distortion of competition, and ignoring the environmental pollution caused by premature disposal of e-waste.

The exercise of the consumer's right to repair is strongly supported by Art. 5. of Right to Repair Directive in which, among other things, the manufacturer's duty to sell spare parts and tools at reasonable prices is expressly prescribed; prohibiting manufacturers from using contractual clauses, hardware or software techniques that hinder product repair; banning manufacturers from preventing independent repairers from using original spare parts, as well as used or compatible spare parts if they comply with the quality requirements applicable to all products placed on the EU market; prohibition of manufacturers to refuse to repair the goods only because the goods were previously repaired by independent repairers or other persons, etc.

This Directive entered into force, but its implementation starts in two years, which is the estimated time needed for the member states to prepare for its implementation in accordance with the obligations imposed on them in this regard. Meanwhile, we can only hope that traders will adapt their trading practices in time (and even before its implementation begins) in accordance with its rules.