Recital 40
(40) In order to incentivise consumers to choose repair to bring goods into conformity within the liability of the seller, and therefore to promote repair, where the consumer chooses repair as the remedy to bring the goods into conformity, Directive (EU) 2019/771 should be amended to extend the liability period by 12 months, which should be added to the remaining liability period of the good. That extension should apply once. However, Member States could further incentivise repair by providing for additional extensions of the liability of the seller if repair takes place again. Member States could also introduce or maintain rules to extend the liability of the seller in case of repair for periods longer than 12 months. In line with Directive (EU) 2019/771, where the extension of the liability period applies, the seller should be liable for any lack of conformity which existed at the time when the goods were delivered and which becomes apparent within the remaining liability period of the good, which includes the extension. The extension of the liability period should be without prejudice to consumers rights provided in Directive (EU) 2019/771. This Directive should be without prejudice to Member States introducing or maintaining provisions which provide for a longer extension of the liability period only for repaired parts in accordance with Directive (EU) 2019/771. Taking into account the flexibility provided by Directive (EU) 2019/771, Member States which do not provide for fixed time limits for the liability of the seller or only provide a limitation period for the remedies should ensure that the liability of the seller or the limitation period for remedies in the event of repair is at least equivalent to two years and 12 months, corresponding to the minimum period of liability of the seller set out in Directive (EU) 2019/771 and the minimum extension of that period in the event of repair. The extension of the liability period would encourage sustainable consumption and contribute to a circular economy.
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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.