CYIL vol. 15 (2024)

RADKA MacGREGOR PELIKÁNOVÁ is one of a quartet of the above-mentioned Proposals, and so it complements new EU rules on Ecodesign and on Empowering consumers for the green transition. Since this new Repair Goods Directive is about to dramatically change EU consumer protection and pro sustainability market scenery, and to become an integral part of a new system, it is important to achieve a deeper understanding of its key points. Conventionally, key points are points which are the subject of litigation and so, after several years of their application, it is possible to extract these key points from the case law. Naturally, this is not feasible right now regarding this brand new legislative endeavor. However, it is possible to identify and appreciate what the European Parliament added and changed, i.e., it is possible to overview amendments done by the European Parliament acting with such an impressive majority. Thus, that which the European Commission passed was desired so much by the European Parliament that it both added to it and approved it – this must have the potential to be clearly crucial in the future so, in this regard, this is clearly important. 3. Amendments by the European Parliament – an even more omnipotent and universal new commandment, “You shall Repair”? More catholic than the Pope? The European Parliament considered in a detailed manner the Proposal for the Repair Goods Directive and decided to modify several aspects of the proposed common rules promoting the repair of goods. Consequently, the version of the Repair Goods Directive from March 2023 and the version of the Repair Goods Directive from April 2024 differ, and many new provisions can be observed. With all due respect to the preamble, considering the large number of additions, only the most important from the very (operative) body are mentioned below. To Art. 4 was added the provision that the European Repair Information Form shall be provided free of charge, on a durable medium, and within a reasonable period of time after the request for it and before the consumer is bound by a contract for the provision of repair services. To Art. 5 was added the provision that the repair upon the request of the consumer, and satisfying Annex II, must be carried out either free of charge or for a reasonable price and within a reasonable time. Further to Art. 5, there was added the prohibition to create artificial obstacles to the repair, i.e., manufacturers must not use any contractual clauses, hardware or software techniques that impede the repair of goods covered by EU law. They must “not impede the use of original or second-hand spare parts, compatible spare parts and spare parts issued from 3D-printing, by independent repairers when those spare parts are in conformity with requirements under Union or national law, such as requirements on product safety or in compliance with intellectual property.” To Art. 7 was added the common online interface with all official languages. Namely, the European online platform for repair is to be “established to allow consumers to find repairers and, … shall consist of the national sections that use the common online interface … That

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