In brief
Government Decree No. 114/2026 (VII. 23.) on measures aimed at promoting the repair of goods and on the amendment of certain government decrees concerning consumer protection significantly transforms the regulatory framework applicable to the repair of goods and the enforcement of consumer warranty rights. The decree implements the European Union’s “Right to Repair” Directive in Hungary and aims to encourage repair over replacement or the purchase of a new product.
Details
Scope of the decree:
- The scope of the decree covers the repair of goods purchased by consumers. Only natural persons acting outside their trade, business or profession qualify as consumers; therefore, the new regulation does not apply to micro, small and medium-sized enterprises.
- The government decree enters into force on 31 August 2026.
New manufacturer repair obligation:
- Under the decree, for certain products falling within the scope of EU repairability requirements, the manufacturer is required to repair the goods at the consumer’s request even if the defect does not constitute defective performance.
- The manufacturer must carry out the repair within a reasonable time, free of charge or against a reasonable fee. The manufacturer may also engage a subcontractor to perform the repair. However, the repair obligation does not apply where repairing the product is objectively impossible.
- For products subject to repairability requirements, the manufacturer must make spare parts and accessories available at a reasonable price that does not discourage consumers from opting for repair.
Other participants in the distribution chain:
- If the manufacturer does not have a registered seat or establishment in any Member State of the European Union, the repair obligation applies to its authorised representative or, in the absence of such representative, to the importer and, ultimately, to the distributor.
Independent repair service providers:
- The consumer may also use a repair service provider that is independent from the manufacturer, and the manufacturer may not refuse to carry out the repair solely on the grounds that the product was previously repaired by another repairer.
- The manufacturer may not prevent the repair of goods subject to repairability requirements by means of contractual terms, hardware or software techniques, unless objectively justified.
- The independent repair service provider may use original or used spare parts, compatible spare parts, or spare parts produced by 3D printing, provided that they comply with the general product safety rules.
Products concerned:
- Based on the related draft Global Entrepreneurship Monitor (GEM) regulation, the manufacturer repair obligation is currently expected to apply, among others, to household washing machines, dishwashers, refrigerators, vacuum cleaners, tumble dryers, electronic displays, smartphones, tablets, and certain heating appliances; however, the scope of the products concerned may still change.
Extension of the limitation period for warranty claims
- The decree also amends Government Decree No. 373/2021 (VI. 30.) on the detailed rules governing contracts between consumers and businesses for the sale of goods and the supply of digital content and digital services.
- The most significant element of this amendment is that, where a product is repaired in connection with the enforcement of a warranty claim, the limitation period for warranty claims is extended once by an additional 12 months. The consumer must be informed of this benefit.
- It is important to note that this amendment to the warranty rules applies not only to the products specified in the GEM regulation, but generally to all movable goods sold under consumer sales contracts.
What should affected businesses pay attention to?
- Manufacturers or, where applicable, importers and distributors must inform consumers, free of charge and in a clear, comprehensible and easily accessible manner, about the products covered by the repair obligation, the duration and conditions of that obligation, where the repair service is available, and the applicable indicative repair fees.
- Repair service providers are also subject to pre-contractual information obligations, which they may fulfil by providing a standardised European Repair Information Form. This form contains detailed information on the conditions of the repair, including in particular the nature of the defect, the method of repair, the expected cost and duration of the repair, and any related services.
- When enforcing a warranty claim, businesses must inform consumers that, if they choose repair instead of replacement, the limitation period for the warranty claim will be extended.
- Businesses should also update their customer information materials and customer service communications, and review their repair processes.
Who is affected by the changes?
- The repair obligation primarily applies to manufacturers. However, if the manufacturer is not established in the European Union, the obligation applies to its authorised representative or, in the absence of such representative, to the importer and, ultimately, to the distributor.
- The extension of the limitation period for warranty claims directly affects retailers, as consumers may enforce their rights arising from defective performance against them. At the same time, retailers may have recourse claims against the distributor, importer or manufacturer, so the change may also affect these parties indirectly.
Viktória Kölcsei, Law Clerk, has contributed to this legal update.
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