EU offers extra year of warranty on phones, but Spain faces delays

On September 25, 2024, the European Commission initiated infringement proceedings against Spain and 17 other EU countries for not fully implementing the Right to Repair Directive. This new regulation, adopted in June 2024, aims to extend the legal warranty period by at least 12 months for consumers who choose repair over replacement for a faulty product.

However, Spain has missed the July 31, 2026, deadline to incorporate this legislation into its national law, leaving uncertainties about when Spanish consumers will benefit from the additional protection.

The Right to Repair Directive applies to a variety of everyday purchases, including smartphones, tablets, and certain household appliances. When a consumer encounters a covered fault and opts for repair rather than replacement, the seller's liability period must be extended by the additional 12 months. This measure is intended to encourage longer product usage and reduce electronic waste.

However, the directive does not automatically apply to every purchase. The protection is contingent upon the specific circumstances of the consumer choosing repair over replacement during the legal guarantee period. Furthermore, the rule does not extend to products purchased before the July 31, 2026 deadline, nor does it guarantee a fresh three-year warranty each time a product is repaired. The additional extension is a one-time provision.

Spanish consumers should be aware that the current three-year legal guarantee for new consumer goods remains in effect. If a product develops a fault covered by this guarantee, consumers can still seek remedies under Spanish consumer law. The new directive's provisions may apply in such cases, but it is crucial for consumers to confirm with retailers how the repair affects the remaining legal guarantee period.