§3.4.2 What kind of remedies should I offer to consumers if I initiate a product safety recall?

In the event of a product recall, you must offer the consumer a choice between at least two of the following remedies: — the repair of the recalled product; — a replacement of the recalled product with a safe one of the same type and at least the same value and quality; or — an adequate refund of the value of the recalled product. In this case, the amount of the refund must be at least equal to the price paid by the consumer. Further compensation might be provided for in national laws. You may offer additional incentives (e.g., discounts or vouchers) to encourage consumers to participate in the recall. As an exception, you may offer the consumer only one remedy if: — other remedies would be impossible; or — compared with the proposed remedy, the other remedies would impose costs that would be disproportionate. This should be assessed taking into account all circumstances, including whether the alternative remedy could be provided without significant inconvenience to the consumer. In any case, the remedy should always be effective, cost-free and timely. It should not entail significant inconvenience for the consumer. The consumer should not bear the costs of shipping or otherwise returning the product. For products that are not portable by their nature, you should arrange for the collection of the product. In which cases does the consumer automatically have the right to a refund? If you have not completed the repair or replacement within a reasonable time and without significant inconvenience to the consumer, the consumer is entitled to a refund of the product’s value. Can I ask consumers to repair or dispose of a dangerous product themselves? You can ask consumers to repair the product if they can do this easily and safely, (e.g., changing the battery on a laptop, which would require no special skills). This must be clearly described in the recall notice. You must provide consumers with the necessary instructions and, where relevant, free replacement parts or software updates. You might include the disposal of the dangerous product by consumers among the actions to be taken if they can easily and safely dispose of it. This should not be the case for instance if the product poses a risk of fire after it has been disposed of. What is the link with Directives (EU) 2019/770 (31) and (EU) 2019/771 (32) ? Directives (EU) 2019/770 and (EU) 2019/771 set out contractual remedies in the case of a lack of conformity of the goods with the contract. The provisions on remedies in the GPSR aim to ensure the elimination of dangerous products from the market and an adequate remedy for the consumer. The specific features of the GPSR compared with Directives (EU) 2019/770 and (EU) 2019/771 are the following: — in the event of a product recall under the GPSR, there are no time limitations to activate the remedies; — the consumer is entitled to request remedies from the relevant economic operator responsible for the recall, not necessarily from the trader; and — in the event of a product safety recall, the consumer does not have to prove that the product is dangerous. Consumers can choose to use either remedies provided in the event of a recall of a dangerous product under the GPSR or remedies for non-conformity of goods with the contract. Example: in the case of a product safety recall initiated by the manufacturer, consumers can claim remedies based on the recall notice or they can ask for remedies from the seller that are based on the dangerous good’s non-conformity with the contract, if applicable. In any case: — once consumers have been provided with a remedy under the GPSR, they cannot claim a remedy for non-conformity of the good with the contract because the product was dangerous; and — once consumers have been provided with a remedy under Directive (EU) 2019/770 or Directive (EU) 2019/771, they cannot claim a remedy under the GPSR for the same safety issue. However, if a remedy has been provided to the consumer following a recall of a dangerous product, but other requirements for conformity regarding the same good are not fulfilled, the seller remains liable for such non-conformity of the good with the contract.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07