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Italy’s Right to Repair and Directive (EU) 2024/1799, National Transposition and What It Means for Business

By Global Law Experts
– posted 57 minutes ago

Who this is for: Practical compliance guidance for manufacturers (EU and non-EU), importers, distributors, retailers and independent repairers that sell or service goods in Italy.

What you will take away: A clear summary of the obligations arising from the EU right to repair framework as it applies in Italy, the likely enforcement and fine exposure, the changes you should plan for in guarantee terms, the spare parts and pricing rules, and an actionable readiness checklist.

This article summarises the EU right to repair framework and its implications for Italy and is for general information only, it is not legal advice. Businesses should verify the precise terms of the Italian implementing legislation and its entry into force before relying on specific obligations or dates.

Directive (EU) 2024/1799 on common rules promoting the repair of goods establishes an EU-wide framework that Member States, including Italy, are required to transpose into national law. The directive was adopted in 2024 and Member States must bring national transposing measures into force within the timeframe set by the directive itself. In Italy, the measures are expected to be implemented through amendments to the Italian Consumer Code (Codice del Consumo). The enforcement authority for consumer-protection matters in Italy is the Autorità Garante della Concorrenza e del Mercato (AGCM), which may act on its own motion or following consumer complaints.

Businesses should confirm the exact national decree number, publication date and entry into force once the implementing legislation is published in the Gazzetta Ufficiale, as the penalty levels and some procedural details will be fixed in that national text.

Here is what you need to plan for at a glance:

  • Legal basis. Directive (EU) 2024/1799, transposed into Italian law via amendments to the Codice del Consumo.
  • Enforcement. The AGCM is Italy’s principal consumer-protection authority and is expected to investigate and sanction breaches, acting ex officio or on complaint.
  • Sanctions. Administrative fines as set by the Italian implementing legislation; businesses should check the published decree for the applicable ranges.
  • Guarantee impact. The directive provides for an extension of the legal guarantee where the consumer chooses repair as a remedy for a lack of conformity; the precise length is fixed by the transposing measure.

What the right to repair framework does, scope and purpose

The EU right to repair framework is designed to make repair easier, cheaper and more attractive for consumers, with the broader policy goal of reducing waste and supporting the circular economy. Italy’s implementing measure inserts these obligations into the existing Codice del Consumo, so businesses already familiar with Italian consumer protection law should expect the new duties to sit alongside the legal guarantee and conformity rules they already apply.

The framework moves the right to repair from a policy aspiration to a set of enforceable obligations backed by administrative sanctions. In practical terms, it creates a clear expectation that goods will be repaired rather than discarded, that consumers will be given the information they need to make an informed choice, and that the economic actors in the supply chain each carry defined responsibilities. Because the measure amends primary consumer legislation, it applies to goods placed on the Italian market regardless of where the manufacturer is established.

Scope of goods covered

The framework applies to consumer goods falling within the categories covered by Directive (EU) 2024/1799 and the Italian Consumer Code. The obligations centre on products for which repairability requirements exist under EU product law, and they are framed around the relationship between consumers and the businesses that make, sell or service those goods. Businesses should check each product line against the directive’s scope and the national implementing provisions, since the detailed list of covered goods and any exclusions are defined by reference to the EU framework rather than created afresh at national level.

Who is in scope

The framework distributes obligations across the supply chain. The principal actors are the manufacturer, its authorised representative, the importer, the distributor, the seller (retailer) and the independent repairer. Each role carries distinct duties: manufacturers bear the core repair and information obligations; importers and distributors must ensure products they handle comply and may inherit manufacturer-style duties where the manufacturer is outside the EU; sellers must update guarantee terms; and repairers are expected to offer standardised repair information to consumers. Understanding where your business sits in this chain is the first step to compliance.

Core obligations, repair, documentation and information

The heart of the framework is a duty to repair in defined circumstances. Within the scope of the directive, manufacturers are required to repair goods covered by repairability requirements when requested by the consumer, unless repair is impossible, and any refusal must be demonstrably justified under the conditions set out in the directive and its national transposition. This shifts the practical default that encouraged replacement or disposal, and it means that a manufacturer confronted with a repairable product must engage with the repair rather than decline it. Alongside the duty to repair sit duties to provide information, both to consumers, so they can exercise their rights, and to independent repairers, so they can carry out repairs competently.

Transparency is central. Consumers must be able to find out whether a product can be repaired, on what terms and at what likely cost, before they commit. The framework therefore establishes a standardised instrument, the European Repair Information Form, as the vehicle for communicating this information in a comparable way. For businesses, the practical consequence is that repair cannot be treated as an afterthought buried in service contracts; it must be surfaced clearly and consistently at the point where the consumer makes a decision.

The European Repair Information Form, content and when to present it

The European Repair Information Form is a standardised document that repairers must make available to consumers on request. Its purpose is to let a consumer compare repair offers on a like-for-like basis before authorising the work. The form sets out the key parameters of the proposed repair, identifying the defect or service, the nature of the repair, and the price or the method by which the price will be calculated, together with the expected time to complete the repair. It should be provided free of charge within a reasonable period after the consumer’s request and, once given, it binds the repairer to the stated terms for a defined validity period, giving the consumer certainty before committing.

Documentation and technical information

To make repair practically possible, manufacturers must supply the technical information and access to spare parts needed to carry out repairs, in accordance with applicable EU product law. This includes making repair-relevant documentation available to repairers so that independent operators, not only authorised networks, can service covered goods. The obligation supports a competitive repair market and prevents manufacturers from using information asymmetry to steer consumers towards replacement. Businesses should maintain organised, up-to-date technical records and be ready to provide them, where appropriate electronically, within the timelines the directive and its national transposition contemplate.

Spare parts, repair pricing and repair timelines

A right to repair is of limited value without parts. The framework, following Directive (EU) 2024/1799, imposes obligations on manufacturers concerning the availability of spare parts and the terms on which those parts are supplied, consistent with the requirements of applicable EU product law. These obligations shape supply-chain planning: manufacturers must forecast parts demand over a product’s expected repair life, maintain adequate stock or sourcing arrangements, and avoid practices that frustrate independent repair. For importers and distributors handling the goods of non-EU manufacturers, the same expectations may fall on them where the manufacturer has no EU presence.

Pricing and timing are the two levers that determine whether a consumer actually chooses repair over replacement. The framework addresses both, requiring that parts and repair services be offered on fair and transparent terms and that repairs be carried out within a reasonable period. Businesses should document their pricing methodology and parts policies so they can demonstrate compliance if the AGCM asks.

Spare parts availability and consumer expectations

Manufacturers are expected to keep spare parts available for a period aligned with the requirements of applicable EU product law and the reasonable expected lifetime of the product. The practical effect is that a manufacturer should not discontinue a part in a way that forces consumers into replacement where product-specific EU rules require continued availability. Businesses should map each product family to its applicable availability requirements, build parts forecasting into production and after-sales planning, and ensure parts are accessible to independent repairers and not only to closed authorised networks. Clear internal records of parts availability decisions will be valuable evidence of good-faith compliance under the new regime.

Pricing rules and transparency

Prices for spare parts and repair services should be reasonable and transparent, and manufacturers may not design pricing or technical restrictions that effectively prevent independent repair. Permitted cost recovery is allowed, but it must be demonstrable rather than arbitrary. In practice, this means businesses should be able to show how a parts price or a repair quote was derived, keep that methodology on file, and present repair pricing to consumers in a form that supports genuine comparison, which is one of the functions of the European Repair Information Form. Where pricing is challenged, contemporaneous documentation will be the difference between a defensible position and an enforcement exposure.

Guarantee and consumer remedies after repair

One of the most commercially significant features of the framework for retailers is its interaction with the legal guarantee of conformity. The directive provides that, where a consumer chooses repair as the remedy for a lack of conformity, the legal guarantee period is extended; the precise length of that extension is fixed by the national transposing measure. This is a direct and quantifiable change to the risk profile of sales of covered goods, and it interacts with the existing legal guarantee rules in the Codice del Consumo. Retailers must understand the timing, the limits and the interaction with any commercial warranty they offer, and should confirm the exact extension period in the published Italian legislation.

How the guarantee extension works in practice

The extension applies when the consumer opts for repair rather than replacement. Under the directive the period is extended by the amount specified in the implementing law, operating as an extension rather than restarting the full guarantee afresh with each repair. Retailers should map how this interacts with the base guarantee period and with any voluntary commercial warranty, since the statutory extension operates independently of contractual warranties and cannot be contracted away to the consumer’s detriment. Where a consumer chooses replacement instead of repair, different rules apply. The key operational point is to capture, for each transaction, whether repair was chosen and when, so that the correct extended guarantee end-date can be calculated and honoured.

Updating terms of sale and online product pages

Retailers should audit and update their terms of sale, warranty statements and online product pages in good time before the Italian transposition takes effect. A short example of compliant wording is: “Where you choose repair as a remedy for a lack of conformity, the statutory legal guarantee applicable to the repaired goods is extended in accordance with the Italian Consumer Code as amended to implement Directive (EU) 2024/1799. ” This clause should be annotated internally to confirm it reflects the statutory extension and does not purport to limit the consumer’s rights, and the exact extension period should be inserted once confirmed by the implementing decree.

Product pages, checkout flows and returns portals should all reference the repair option and its consequences for the guarantee.

Enforcement, AGCM powers, sanctions and procedure

The Autorità Garante della Concorrenza e del Mercato (AGCM) is the authority responsible for enforcing consumer-protection rules in Italy and is expected to enforce the national transposition of the right to repair framework. It may open proceedings on its own initiative or in response to consumer complaints, and it is equipped with the investigative tools that characterise its consumer-protection and competition mandates. The sanction architecture, including the applicable fine ranges and any aggravating factors for serious or repeated breaches, will be set out in the Italian implementing legislation and should be verified against the published decree.

Because administrative fines in consumer-protection matters typically attach per violation, systematic non-compliance across a product range or customer base can produce cumulative exposure well beyond a single penalty, which is why early, documented compliance is the sensible commercial choice.

Enforcement is likely to follow the AGCM’s established patterns: information requests, inspections, and the possibility of interim measures where consumer harm is ongoing. Businesses that cooperate, remediate promptly and can produce organised compliance records are better placed than those caught without documentation.

Practical steps after a complaint or AGCM investigation

If a complaint is filed or the AGCM opens an investigation, respond methodically. Preserve all relevant records immediately, repair logs, the European Repair Information Forms issued, parts availability data, pricing methodologies and guarantee calculations. Appoint a single point of contact to manage AGCM correspondence and ensure deadlines for responses to information requests are met. Where a genuine breach has occurred, consider voluntary remedial action and be ready to evidence it, because prompt correction and cooperation are factors that typically bear on how an authority approaches an investigation. Do not destroy or alter records once an inquiry is anticipated. Early legal advice helps frame responses and protect the business’s position.

Mitigating enforcement risk

The most effective way to reduce exposure is a documented compliance programme embedded before the Italian transposition takes effect. That means written procedures for issuing the European Repair Information Form, a parts-availability policy, a repair-pricing methodology, a guarantee-extension calculation process, and a recordkeeping regime that captures each of these for every transaction. Assign ownership, train customer-facing and after-sales staff, and schedule periodic internal audits. When an issue is detected, prompt remedial action, repairing the gap and correcting affected consumers’ positions, both reduces consumer harm and strengthens the business’s position in any enforcement contact.

Obligations by actor, manufacturer, importer, distributor, seller and repairer

The framework allocates different duties to different links in the supply chain. The table below summarises the principal obligations and the compliance documentation each actor should hold. The applicable fine ranges are set by the Italian implementing legislation and should be confirmed against the published decree.

Actor Repair obligation Repair information form Spare parts obligation Guarantee impact
Manufacturer Must repair covered goods on request unless impossible Must supply technical info to support the form Must ensure parts availability and fair pricing per EU product law Indirect, supports seller guarantee compliance
Authorised representative Carries manufacturer duties for non-EU producers Facilitates information provision in the EU Ensures EU access to parts and documentation Indirect
Importer Ensures imported goods meet repair rules Ensures information is available May inherit parts duties where no EU manufacturer Indirect
Distributor Handles only compliant goods Passes information down the chain Facilitates parts flow Indirect
Seller (retailer) Offers repair as a remedy Directs consumers to repair information Signposts parts availability Direct, statutory guarantee extension where repair is chosen
Repairer Carries out repairs on fair terms Must offer the European Repair Information Form Uses supplied parts and technical info Indirect

Key operational changes for each role

  • Manufacturers. Stand up parts forecasting, make technical documentation available to independent repairers, and build a justified-refusal decision process for cases where repair is genuinely impossible.
  • Authorised representatives. Confirm the mandate covers right to repair duties and that they can respond to Italian consumers and the AGCM.
  • Importers. Verify compliance of goods at the point of import and secure contractual access to parts and documentation from foreign manufacturers.
  • Distributors. Check that goods they move are accompanied by the required repair information and refuse non-compliant stock.
  • Sellers. Update guarantee terms, product pages and checkout flows to reflect the statutory guarantee extension where repair is chosen.
  • Repairers. Adopt the European Repair Information Form as standard practice and keep copies of every form issued.

Practical steps and documentation, internal compliance checklist

Treat the entry into force of the Italian transposition as a hard deadline and confirm the exact date from the published decree. The following checklist separates immediate tasks from medium-term tasks over the following three to twelve months.

  1. Immediate, update guarantee terms. Amend terms of sale, warranty statements and online product pages to reflect the statutory guarantee extension where repair is chosen.
  2. Immediate, adopt the repair information form. Ensure repairers can issue the European Repair Information Form on request and that staff are trained to do so.
  3. Immediate, map your role. Confirm whether you are manufacturer, authorised representative, importer, distributor, seller or repairer and document the obligations that attach.
  4. Within 3 months, parts and pricing policy. Document spare parts availability and your repair-pricing methodology, with supporting evidence.
  5. Within 3 months, recordkeeping. Establish logs for repairs performed, forms issued, guarantee-extension calculations and refusal justifications.
  6. Within 6–12 months, audit and train. Run an internal compliance audit, train after-sales and customer-facing teams, and schedule periodic reviews.

Cross-border issues, non-EU manufacturers and importers

Where goods are made outside the EU, the obligations do not disappear, they travel down the chain. A non-EU manufacturer that places covered goods on the Italian market should appoint an authorised representative established in the EU to carry its right to repair duties, including the provision of technical information and the facilitation of parts access. Where there is no authorised representative, the importer that brings the goods into the market is likely to inherit manufacturer-style obligations, and distributors handling the goods must ensure they are compliant before onward sale.

Practical steps for non-EU manufacturers

Non-EU manufacturers should put in place an authorised representative agreement that expressly covers the duties under Directive (EU) 2024/1799 and its Italian transposition, including responding to Italian consumers and to the AGCM. Maintain a spare parts stock or sourcing arrangement accessible within the EU so that Italian repairers can obtain parts without undue delay. Keep technical repair documentation current and provide it electronically where the framework contemplates remote provision. Finally, coordinate with importers and distributors so each party knows which obligations it carries, and reflect that allocation in contracts. Clear contractual allocation reduces the risk of gaps that the AGCM could treat as violations.

Frequently asked practical scenarios

Consumer chooses repair during the guarantee period. The seller repairs the non-conforming goods and recalculates the guarantee end-date to add the statutory extension provided by the Italian implementing legislation. Record the repair date and the new expiry date on the customer file.

Consumer seeks replacement instead of repair. Replacement is governed by the existing conformity rules; the repair-related guarantee extension applies specifically where repair is chosen. Document the consumer’s choice so the correct remedy and guarantee treatment are applied.

Spare part is unavailable. If a part should be available under the applicable rules but is not, that is an exposure. Source the part, communicate realistic timelines to the consumer, document the steps taken, and escalate internally so the availability gap is closed for future cases.

Conclusion

The EU right to repair framework under Directive (EU) 2024/1799, implemented in Italy through amendments to the Codice del Consumo, brings enforceable duties for businesses that make, import, distribute, sell or repair covered goods, backed by the AGCM’s enforcement powers and the administrative sanctions set out in the national legislation. Manufacturers, importers, distributors, retailers and repairers each have defined duties, from the standardised European Repair Information Form to spare parts availability and the guarantee extension where repair is chosen. Businesses that update their terms, document their processes and train their teams ahead of the transposition deadline will be well placed to meet the new regime with confidence.

Always verify the final decree number, entry-into-force date and sanction ranges against the published Italian legislation. For tailored advice on complying with the Italian right to repair rules, contact the Global Law Experts civil law team in Italy.

Need Legal Advice?

This article was produced by Global Law Experts. For specialist advice on this topic, contact Alberto Maltoni at Studio Legale Maltoni, a member of the Global Law Experts network.

Sources

  1. Gazzetta Ufficiale (Italian Official Journal)
  2. EUR-Lex, Directive (EU) 2024/1799
  3. Autorità Garante della Concorrenza e del Mercato (AGCM)
  4. Normattiva, Italian consolidated legislation portal
  5. European Commission, product policy and right to repair

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Italy’s Right to Repair and Directive (EU) 2024/1799, National Transposition and What It Means for Business

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