BMag Signal · In 30 seconds
Critical readWhat happened. From October 22nd, the right to repair will apply even to producers who do not have legal warranty contracts. This new regulation, introduced by Decree Legislative 25 September 2026, n. 176, published in the Official Gazette No. 233 of October 7th, 2026, has aimed to extend the seller's responsibility towards consumers who wish to turn to an independent repairer instead of replacing the product.
As the rules change with the entry into force of Decree Legislative 25 September 2026, n. 176, new obligations of repair have been introduced for producers, importers and distributors. This obligation refers to eleven categories of goods listed in Appendix II-Decies, among which washing machines, refrigerators, smartphones and domestic stoves. The extension of twelve months of the seller's responsibility applies from July 31st, 2026, as stipulated by Article 3 of the decree.
Furthermore, the AGCM punishes every violation with fines ranging from 5,000 to 50,000 euros, doubled in cases of particularly serious nature or recurrence. For retailers, electronics chains and independent repairers, the new rules touch lists, service contracts and sales archives because the longer warranty covers even those who bought before the decree entered into force. The obligation to repair after the expiration of two years of legal warranty applies to goods such as washing machines, refrigerators, smartphones and domestic stoves.
The producer must repair, at the request of the consumer, the goods for which a specific provision of the Union has fixed specific reparability criteria, also after the expiration of two years of legal warranty. It is called 'manufacturer' and exempts only when the repair is impossible: the consideration 24 of the directive excludes the refusal for purely economic reasons, such as the cost of spare parts. The intervention is carried out gratuitously or at a reasonable price within a reasonable time from when the producer receives the good; during the works, it can provide a substitute good free of charge or at a reasonable price, and if the repair is impossible, it can offer a reconditioned good.
The producer can entrust the work to a third-party repairer, while the consumer is free to turn to any repairer of their choice (Article 127-quinquies, commi 1, 2 and 8). In the absence of numerical parameters, the consideration 16 of the directive indicates that the reasonable price can cover labor, spare parts, operating costs of the installation and a customary margin, provided it is not fixed in such a way as to discourage the customer. In summary, the obligation of repair outside the warranty for producers applies to eleven categories of goods listed in Appendix II-Decies, among which washing machines, refrigerators, smartphones and domestic stoves.
This obligation applies only to producers who do not have legal warranty contracts, but only if the seller wants to respect the rules of the Code of Consumer Rights. The new rule has aimed to extend the seller's responsibility towards consumers who wish to turn to an independent repairer instead of replacing the product. This obligation refers to eleven categories of goods listed in Appendix II-Decies, among which washing machines, refrigerators, smartphones and domestic stoves.
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