GERMANY Trends and Developments Contributed by: Michael Molitoris, Tanja Hütt, Maike Dickmann and Simon Marchlewski, SZA Schilling, Zutt & Anschütz
The “right to repair” The EU’s “Right to Repair” package, including the Right to Repair Directive (EU) 2024/1799 which has to be implemented into Federal Ger - man law by 31 July 2026 aims to make it easier and more cost-effective for consumers to repair products rather than replace them. The meas - ures require manufacturers to provide access to spare parts, repair information and tools for a range of products, such as household appli - ances and electronics for a minimum period after purchase. Consumers will have the right to request repairs even after the legal warranty period has expired and manufacturers will have to offer repair ser - vices for certain products. The package also introduces obligations for manufacturers to inform consumers about repair options and costs and to make repairs more attractive compared to replacement. It seeks to reduce electronic waste and promote sustain - ability by extending product lifespans. The EU will also establish an online repair plat - form to connect consumers with repair services and promote the reuse of products. The pack - age is part of the EU’s broader circular economy strategy, which aims to reduce environmental impact and empower consumers. Enforcement mechanisms and penalties for non-compliance are included to ensure manufacturers adhere to the new rules. Increased Investigations into Allegations of Fraud Relating to Product Features Product liability under criminal law was histori - cally primarily associated with offences involving bodily injury and homicide resulting from prod - uct defects.
However, since investigations into the diesel emissions issue started, the criminal prosecution authorities have also increasingly investigated property offences, particularly fraud. Criminal liability for fraud under German criminal law presupposes that the perpetrator has caused or maintained an error on the part of the injured party, resulting in the injured party making a dis - position of assets and suffering a financial loss. In terms of products, customers may be express - ly deceived if documents relating to the product, such as brochures, advertising material, sales documents or certificates, contain information that subsequently turns out to be false. Any false information must be corrected immediately and must not be passed on to customers in order to avoid criminal liability. Customers who have already taken note of the incorrect information must be informed accordingly before purchasing the relevant products. An implied misrepresentation or a misrepresen - tation by failure to provide the customer with the necessary information may exist if essential product characteristics are concealed, particu - larly safety-related defects or deviations from the usual characteristics with significant economic consequences for the customer. Under German criminal law, only individuals can be offenders. Companies cannot themselves be offenders. Nevertheless, criminal proceedings against responsible employees of the company can also have a considerable impact on the com - pany. On the one hand, fines can be imposed on the company and profits can be confiscated. On the other hand, searches, confiscations and interrogations of employees can unsettle them and disrupt normal work processes.
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