The EU's Circular Economy Agenda: The Right To Repair Directive And Its Effects On Turkish Manufacturers

Article Insights

EKSP Law Firm are most popular:

within Litigation, Mediation & Arbitration and Technology topic(s)

1. Introduction: Sustainable Consumption and the Right to Repair

Today’s consumption ecosystem is built upon a “buy-and-throw-away” logic, where products are quickly discarded before completing their life cycles. This approach leads to the generation of millions of tons of waste worldwide every year and the squandering of valuable raw materials.¹

As is well known, the European Parliament adopted Directive (EU) 2024/1799 on Common Rules Promoting the Repair of Goods (the “Right to Repair Directive” or “Directive”) on June 13, 2024, as part of its “Climate-neutral Europe by 2050”² goal under the European Green Deal. With this Directive, the European Union aimed to transform established consumption habits and accelerate the transition to a circular economy.

In this regard, the Directive elevates the consumer’s right to repair from a mere demand to a strategic legal tool; this is because, when faced with a defect, consumers are often driven to purchase a new product due to the difficulty of repair, issues in accessing spare parts, or high repair costs. The Directive, however, extends the right to repair beyond the scope of the seller’s liability for defects, moving it into a broader framework; it aims to extend the lifespan of products, protect the economic interests of consumers, and reduce environmental impacts.

In this context, the right to repair encompasses not only designing products to be technically repairable but also ensuring that consumers can effectively demand repair from manufacturers under reasonable conditions. Therefore, it is necessary to establish the scope and field of application of the Directive, and to delineate the boundaries of the obligations imposed on manufacturers and other economic actors.

On the other hand, given that the European Union remains one of Turkey’s largest export markets, compliance with this new regulatory framework is not merely an obligation for Turkish manufacturers and exporters but has become a strategic necessity to ensure continuous market access, preserve competitiveness, and guarantee commercial sustainability.

For this reason, we aimed to address the compliance obligations expected by the European Union from manufacturers and exporters under the Right to Repair Directive, as well as the legal and commercial implications that the regulation in question may entail for Turkish manufacturers and exporters.

2. Scope of the Directive

The primary focus of the Directive is the repair of defects that arise in goods acquired by consumers; however, distinct from Turkish law, pursuant to Article 10 of the “Sale of Goods Directive” (EU) 2019/771³ (“Sale of Goods Directive”), such defects must occur outside the scope of the seller’s and manufacturer’s liability. A defect originating from manufacturing will not fall within the scope of the Directive, whereas defects resulting from use will be covered under the Directive.

Furthermore, with the Directive, the requirement that products placed on the European market must be “repairable” under Regulation (EU) 2024/1781 “Establishing a Framework for Setting Ecodesign Requirements for Sustainable Products”⁴ (“Ecodesign Regulation”) has now become an objective criterion for the sale of a product. This means that designing a product to be structurally unrepairable could result in the product being deemed defective from the moment of delivery. Consequently, if a non-repairable product is circulated in the European market, the liability of the seller will still be engaged.

a. Limited Product Inclusion

In order to prevent an immediate and disproportionate administrative or economic burden on manufacturers, the obligation to repair is initially limited only to the following product groups, which are inherently repairable and subject to eco-design requirements:

Household washing machines, dryers, and dishwashers
Refrigerators and refrigeration appliances
Electronic displays, mobile phones, and tablets
Welding equipment, vacuum cleaners, and servers (data storage products)
Goods incorporating batteries for light means of transport

Considering that the repairability criteria set out in the Ecodesign Regulation encompass all products in the European market, we assess that this list is intended to be updated at regular intervals, with the long-term objective of bringing all consumer goods within the scope of the Directive.

b. Manufacturer’s Obligation to Repair

The manufacturer must fulfill the obligation to repair within a reasonable period and for a reasonable fee. Unlike the statutory liability for defects, repair is not required to be free of charge here. However, the price to be determined must be calculated by taking into account labor, spare parts, operational costs of the repair facility, and an ordinary profit margin; it must not be exorbitant to a level that deliberately deters the consumer from exercising the right to repair.

The manufacturer will only be able to refuse a repair request in the event of factual or legal impossibility (e.g., the product being destroyed to an irreparable extent or the manufacturing of spare parts being legally prohibited). The manufacturer cannot avoid repair by asserting that the cost of repair is too high or that manufacturing a new product would be cheaper. If repair is factually impossible, the manufacturer is not strictly obligated to provide the consumer directly with a brand-new product; it is also possible to offer another refurbished product to the consumer as a commercial alternative.

c. Transparency and Comparison Mechanisms

Two primary tools have been established to enable consumers to choose the most suitable repair service with their “free will”:

European Repair Information Form: Repair service providers shall, upon request, provide this form, which includes essential elements such as the maximum fee and the repair period, to the consumer free of charge, and shall remain bound by this offer for 30 days.
European Online Platform for Repair: A digital marketplace will be established where consumers can access independent repairers, repair service providers, and buyers of refurbished products free of charge, enabling them to compare average repair times and price indicators.

d. Performance of Repair by a Third Party

One of the primary objectives of the Directive is to increase competition in the repair market and reduce the consumer’s factual dependence on the manufacturer by strengthening consumers’ repair options. In this context, the consumer is not obligated to apply solely to the manufacturer for repair services but holds the right to freely select independent repair service providers.

In addition to fulfilling their repair obligations through their own authorized service networks, manufacturers are also permitted to perform these obligations by cooperating with independent repair service providers. The manufacturer is explicitly prohibited from rejecting a repair request on the grounds that the product has previously been repaired by an independent repair service providers. Thus, it is intended that the right to repair is not restricted by manufacturers either directly or indirectly.

However, even in this scenario, since the parties to the repair contract remain the consumer and the manufacturer, the manufacturer will still be held liable for any fault of the independent repair service provider or for the improper performance of the repair.

While this structure provides manufacturers with the flexibility to establish strategic partnerships with local and independent service networks, it simultaneously imposes a significant legal liability and duty of care upon manufacturers regarding the selection, organization, and supervision of these networks.

3. Intellectual Property Aspect of the Right to Repair

The interaction between manufacturers’ trademarks, patents, and design rights and the repair activities carried out by independent repair service providers brings along various legal risks and potential conflict areas. Particularly, in the event that spare parts are manufactured by independent repair service providers, the risk of infringing patent and design rights may arise. While the access of independent repair service providers to original or aftermarket spare parts is one of the fundamental elements of the targeted competitive repair market, it undeniably constitutes a significant area of tension intersecting with intellectual property law.

In order to break the manufacturer monopoly in the aftermarket, the regulation imposes the following legal limitations on industrial property rights:

Patent Law and the Exhaustion of Rights: Once a product is placed on the market, the manufacturer’s monopoly right is exhausted. Replacing worn-out parts by independent repair service providers to maintain the functionality of the device is considered ordinary use and does not constitute patent infringement. However, exceeding the boundaries of repair to reconstruct the product from scratch will be deemed remanufacturing and will give rise to an infringement of patent rights.
Design Law and the Repair Exception: The manufacturing and use of equivalent spare parts in the independent market solely to restore the original appearance of a complex product, such as a washing machine, is not considered an infringement of registered designs.
Trademark Law and Honest Commercial Use: The referential use of a registered trademark by aftermarket spare part manufacturers or repairers to indicate the intended purpose of the good and its compatibility with a specific device falls within the scope of the honest commercial use exception and cannot be prevented.

Additionally, the Directive enables independent repair service providers to use original spare parts, compatible spare parts, and even parts manufactured via 3D printing technology within the scope of their repair activities, provided that they comply with European Union legislation; it regulates that such use cannot be prevented by manufacturers. In this context, software lockouts frequently observed in past practices, restrictive software solutions aimed at verifying the authenticity of spare parts, or technical interventions that factually render repair impossible are prohibited from being deployed against the consumer unless there are legitimate security grounds. 4. Comparative Analysis with Turkish Law

a. Consumer Law Perspective

Under the Law on the Protection of Consumers, the ability of the consumer to exercise their right to free repair jointly and severally against the manufacturer and importer alongside the seller stands out as a mechanism not yet recognized under the Directive. On the other hand, the mandatory but fee-based right to repair provided for in the Directive diverges from the right to repair in Turkish law, which is free of charge but must be asserted within the statutory limitation period.

Statutory Limitation and Duration Incentives: Under the Directive, if the consumer prefers “repair” among the alternative remedies, the 2-year statutory liability period for defects is extended by 12 months for a one-time occurrence. In Turkish law, there is no such automatic extension of time that incentivizes repair.
Statutory Limitation and Duration Incentives: Under the Directive, if the consumer prefers "repair" among the alternative remedies, the 2-year statutory liability period for defects is extended by 12 months for a one-time occurrence. In Turkish law, there is no such automatic extension of time that incentivizes repair.

b. Intellectual Property and Market Interference Barriers

Although similar regulations such as the “repair exception” and “honest commercial use” theoretically exist in Turkish law, there is no explicit or specific prohibitory framework under Turkish consumer or competition law against software lockouts, part-pairing barriers, and digital interventions restricting the use of equivalent parts, which manufacturers resort to in order to narrow down the independent aftermarket. In this respect, the Directive diverges from Turkish law by preventing intellectual property rights from being utilized as a tool to create an aftermarket monopoly.

Consequently, although consumers and manufacturers in Türkiye are not unfamiliar with the innovations introduced by the Directive, legislative gaps persist regarding circular economy processes following the liability for defects and in supporting the independent repair market.

5. Strategic Action Plan

Operational steps must be taken to protect companies operating in or exporting to the EU market from legal risks and to ensure compliance with the process:

Contractual (Infrastructure) Revision: Specific provisions regarding the sharing of repair costs, spare part delivery periods, and recourse mechanisms in the event of defective performance must be incorporated into distributorship and logistics contracts executed with authorized representatives, importers, and distributors in the EU market.
Updating Design Standards: It must be coordinated as a legal obligation for R&D and production departments to design products in accordance with the Ecodesign Regulation, ensuring that their parts are easily dismantlable and repairable using standard tools.
Removal of Software Barriers: Practices within product software updates that lock the device or restrict its functionality in any manner, such as when an equivalent/aftermarket part is detected, must be terminated.
Digital Integration and Transparency: Indicative price lists for typical repair services and the contact information of service stations must be published on companies' websites in a free, accessible, and transparent manner.

In conclusion, the Directive represents a compliance risk for manufacturers operating in the EU market just as much as it offers an opportunity to build brand loyalty. In particular, adopting repairability as a design standard, integrating service processes for repair with digital platforms to contract with independent repair businesses, and concretely determining repair procedures with these enterprises now constitute a legal necessity for any manufacturer wishing to maintain a presence in the EU market.

Considering that the repair obligation for non-EU manufacturers is generally executed through authorized representatives, importers, or distributors, incorporating provisions regarding repair costs and spare part supply into contracts with these actors will be of paramount importance for ensuring compliance with the Directive.

Footnotes

1. European Commission, "Sustainable Consumption", https://commission.europa.eu/topics/consumers/consumer rights -and -complaints/sustainable -consumption_en (Accessed: June 10, 2026).

2. European Commission, "European Green Deal", https://commission.europa.eu/strategy -and -policy/priorities -2019 2024/european -green -deal_en (Accessed: June 5, 2026).

3. EU Ecodesign for Sustainable Products Regulation (EU) 2024/1781, Regulation of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, Official Journal (OJ L, 2024/1781, 28.6.2024), Accessed: June 5, 2026, https://eur lex.europa.eu/eli/reg/2024/1781/oj/eng .

4. EU Ecodesign for Sustainable Products Regulation (EU) 2024/1781, Regulation of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, Official Journal (OJ L, 2024/1781, 28.6.2024), Accessed: June 5, 2026, https://eur lex.europa.eu/eli/reg/2024/1781/oj/eng .

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.