Proposal for an amendment to directive 771/2019 : prioritizing repair over replacement from an environmental perspective

The aim of this article is to analyze the proposal to amend Art. 13 para. 2 sentence 2 of the Sale of Goods Directive and to examine the extent to which a "right to repair" can serve the guiding principles of the European legislator, consumer protection and environmental protection. To this end, the urgent need for legislative changes to promote more sustainable consumption and thus environmental protection is presented. This article focuses on the specific form of the proposal and its necessary corrections. To this end, it provides a legal interpretation of the terms "costs", "seller" and "conformity" used in the proposal and presents the resulting consequences. The article then relates these to the desired environmental and consumer protection and shows that both objectives cannot be achieved equally by amending Art. 13 para. 2 sentence 2 of the Directive. The aim of the article is to take a critical look at the "right to repair" and to highlight sustainable and environmentally friendly alternatives and additions to the current proposal.