22 September 2026

Repair is becoming part of the business model

  • Articles
  • Legal
  • Governance / ESG

Products should be used for longer. The EU is strengthening repair rights and imposing new requirements on manufacturers.

  • Dr. Martin Eckert

    Legal Partner

  • Adrian Peyer

    Of Counsel

Right to repair, ecodesign and product lifespan

Since 31 July 2026, the EU has linked technical reparability to a consumer right to repair. Switzerland does not yet have an equivalent general right.

This article explores the product life cycle in more depth as part of the mini-series. The overall framework comprising eco-design, materials legislation, packaging, repair and communication is explained in «The circular economy becomes binding product law».

I. Interplay of EU Regulations

The Ecodesign for Sustainable Products Regulation (ESPR) and product-specific ecodesign regulations govern the technical aspects. These include disassembly, spare parts, repair information and, in future, further repairability requirements.

Products covered include, amongst others, washing machines, dishwashers, refrigerators, displays, vacuum cleaners, smartphones, tablets and certain battery-powered means of transport. Manufacturers must carry out repairs on request, provided that a repair is not impossible. They may charge a reasonable price. Spare parts and tools must not be offered at prices that effectively prevent repairs. Contractual, technical or software-related barriers to repair must be objectively justified.

If the consumer opts for a repair within the statutory warranty period, the liability period is extended once by at least twelve months. The European repair platform is due to be up and running by 31 July 2027.

II. Legal situation in Switzerland

The Swiss Energy Efficiency Ordinance sets out requirements for selected products regarding the availability of spare parts, ease of dismantling and repair information. However, there is no general right to repair once the warranty has expired.

Motion 26.3838 calls for such a right, as well as requirements regarding spare parts and repair information. On 19 August 2026, the Federal Council recommended that the motion be rejected and intends to await the results of the EU regulation first. The revision of the Environmental Protection Act grants the Federal Council additional powers regarding product lifespan and reparability. This does not yet give rise to an immediate right to repair under civil law.

III. Strategic implications

Manufacturers should manage repairability, spare parts logistics, software support and pricing as an integrated product life cycle model. For Swiss companies with sales in the EU, the obligation to provide repairs may, depending on the distribution structure, fall on the manufacturer, the authorised representative, the importer or, subsidiarily, the retailer.

IV. Implications for Swiss companies

  • Produktabdeckung nach Anhang II der Richtlinie prüfen.
  • Check product coverage in accordance with Annex II of the Directive
  • Document and plan economically for spare parts, service and software lifecycles.
  • Review repair contracts, technical restrictions and prices to ensure they are justified.
  • Incorporate refurbishment, take-back and spare parts sales into the business strategy.
  • Clearly separate Swiss and EU warranty and repair models.
  • Maintain consistency in DPP and repair data and define responsibilities.
  • The article «Digital Product Passport and ESPR are transforming product management» explains which repair and spare parts data must be included in the DPP in future. PFAS restrictions may affect the availability of certain spare parts and components; see «PFAS are becoming a litmus test for material cycles» for further details. Take-back and reusable models overlap with «The PPWR is already changing packaging today». Statements regarding repairability, durability and product lifespan must also comply with the communication rules described in the article «Circularity claims also require robust evidence».

 

«Circular Economy» mini-series

Find out more about the individual regulations relating to the circular economy in our mini-series. The other articles in the mini-series cover the following topics:

  1. «PFAS are becoming a litmus test for material cycles»: PFAS regulation, recyclability, replacement parts and supply chain data.

  2. «Digital Product Passport and ESPR are transforming product management»: eco-design requirements, data architecture and governance.

  3. «The PPWR is already changing packaging today»: packaging design, recycled materials, reuse and producer responsibility.

  4. «Repair is becoming part of the business model»: right to repair, spare parts, software support and product lifespan.

  5. «Circularity claims also require robust evidence»: EmpCo, the Swiss Unfair Competition Act (UWG), the New Federal Act on Consumer Protection (NUFG) and the Climate Protection Ordinance.

The articles should be read as a coherent implementation chain: material and product data form the basis for compliance and repair; packaging and circularity strategies determine the operational framework; and robust evidence sets limits on permissible communication.

 
Back