Consumer protection

Repair of goods: in Italia, the EU directive will come into force on 22 October

The go-ahead has been given for the implementation of the amendments to the Consumer Code. From the goods covered to the extension of the guarantee: here are the changes

Credits: Bulat843 (Pexels)

5' min read

Translated by AI
Versione italiana

5' min read

Translated by AI
Versione italiana

After finding itself at the centre of infringement proceedings for failing to meet the deadline set by the EU (31 July 2026), Italia has finally transposed the European directive establishingthe right to remedy for defective goods (Directive 2024/1799). The new rules will therefore come into force on 22 October and will have retroactive effect: they will apply to all contracts concluded from 31 July 2026.

The news of the implementation was confirmed, in black and white, by Legislative Decree 176/2026, published in the Official Gazette on 7 October. As is well known, the measure directly amends the Consumer Code with a series of changes aimed at strengthening protections for consumers who choose to repair a faulty household appliance, smartphone or computer rather than buying a brand-new one. This is part of a upcycling approach which, on the one hand, encourages saving and, on the other, contributes to the fight against waste fuelled byby planned obsolescence.

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The assets involved

The provisions will cover the repair of goods with defects and malfunctions that occur or become apparent ‘beyond the seller’s control’ and which fall within the European repairability specifications. They will affect a particularly wide audience: in addition to customers, they will also involve manufacturers, sellers and suppliers, repairers and those involved in reconditioning processes.

Looking in more detail at the products to which the directive will apply, the list includes washing machines and dishwashers, tumble dryers, refrigeration appliances, vacuum cleaners, smartphones, tablets, televisions, monitors and data storage devices. Battery-powered items such as electric scooters and e-bikes are also included.

The module

One of the most significant changes is undoubtedly the introduction of the European repair information form. The repairer must provide the customer who has requested the repair – and before signing any contract – with a specific form, free of charge and within a reasonable timeframe.

The document (in paper format) must contain a range of essential information: the personal details of the person repairing the item in question (including telephone numbers and email address to facilitate communication), the specifications of the faulty item, the type of repair to be carried out, the time required to complete it, the availability of any temporary replacement items and any associated costs, the option to access ancillary services such as collection, transport and redelivery, and the cost of the repair.

This information will remain valid for 30 days, a period of time that allows the consumer to assess whether the offer is worthwhile and to decide whether to accept it or opt for more favourable alternatives.

Should it be necessary to carry out a preventative diagnostic check in order to assess the fault and determine whether and how to proceed, the person carrying out the repair must, of course, notify the user and, above all, inform them of the cost of the service (which, unlike the form, will not be free of charge).

Obligation to repair and prices

The consumer may therefore ask the manufacturer of their own choosing to repair the faulty item. The manufacturer cannot refuse to repair it but is not obliged to do so if, following the necessary preliminary checks, they find that it is impossible to carry out the repair. They may, therefore, pass the responsibility on to a third party.

The repair must be carried out in accordance with specific criteria: it must be free of charge or, in any event, provided at a reasonable price; it must be completed within a reasonable timeframe, given that the manufacturer physically takes possession of the goods for the entire duration of the repair, thereby preventing the consumer from using them (whilst the problem may be less restrictive in the case of a mobile phone, in the case of a washing machine the inconvenience can be far more troublesome); if repairing the item is not feasible, the repairer may offer a refurbished option.

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No contractual clauses or hardware and software technologies that might hinder the process may be used: this prohibition applies only in exceptional cases.

Where the manufacturer is based outside the European Union, the obligation remains in force but falls on its authorised representative in the EU. In the absence of such a representative, the importer takes over. And if there is no importer either, the distributor takes over. These last two parties may then choose whether, particularly in critical cases, to subcontract the repair to a third party or not.

As for spare parts, manufacturers must offer reasonable prices which, above all, do not discourage repairs. In terms of types, original or compatible parts may be used, second-hand parts or those produced using 3D printing, provided they comply with the requirements laid down by EU legislation.

Staying on the subject of prices, the public must be able to easily access information on the indicative costs of repair services (for example, via freely accessible websites ).

Warranty extension

The second major development concerns the extension of the guarantee. In the event that the household appliance or mobile phone is still covered by warranty and the consumer opts for a repair, the directive allows for an extension of twelve months from the date of repair.

National Observatory on Reparation

Moving on to Article 2 of the Legislative Decree, the focus shifts to the establishment, within the Ministry of Infrastructure, Mobility and Territorial Cohesion (MIMIT), of a National Observatory on Repair. The aim? To promote a culture of repair, monitor its progress (by analysing best practice and seeking to resolve any critical issues) and facilitate dialogue between the various social and institutional stakeholders involved.

Protective measures and sanctions

Last but not least, the launch of an online platform for repairs, which will help connect service providers with customers, and the measures put in place to protect the public. In the first instance, by 31 July 2027 the European Commission must develop the interface, which it will also maintain: use of the portal will be free of charge and, in Italia, it will be managed by the Mimit.

In the second case, however, Article 127-novies of the Directive requires that the websites of Mimit, the Ministry for the Environment, AGCM and the National Consumers’ Council’s portal tuttoconsumatori.it must provide dedicated sections setting out users’ rights.

Finally, finally, with regard to penalties – except in cases where a criminal offence has been committed – any manufacturer, authorised representative, importer, distributor or repairer who fails to comply with their obligations will be liable to an administrative fine of between 5,000 and 50,000 euros. In the event of serious offences or repeat offences, these limits will be doubled. The AGCM will be responsible for investigating such breaches.

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