Part 4: Navigating OEM Non-Compliance Risk

30 Second Summary

• The Right to Repair Directive creates new rights for professional repairers.
• However, there is no central EU enforcement authority.
• Each Member State will define its own penalties and enforcement procedures.
• Repair businesses should document non-compliance and engage with national authorities where necessary.

The Right to Repair Directive creates new rights for professional repairers, but rights alone do not guarantee compliance. One of the Directive's biggest challenges is the absence of a central European enforcement mechanism.

Rather than introducing a single EU-wide authority, the Directive places responsibility on each Member State to establish its own rules, penalties and enforcement procedures. By 31 July 2026, Member States must define effective, proportionate and dissuasive penalties for non-compliance and notify the European Commission of these measures.

This decentralised approach creates the risk of inconsistent enforcement across the European Single Market. Some countries may actively enforce the legislation, while others may adopt a less proactive approach.

The Directive does not establish a formal dispute resolution mechanism for disagreements between manufacturers and professional repairers. Nor does it require manufacturers to report spare parts pricing, repair refusals or other compliance data. In practice, many cases of non-compliance may only come to light when repair businesses experience problems and choose to report them.

For independent repairers, refurbishment companies and the wider IT aftermarket, this means that active engagement will be essential. Businesses should document instances where manufacturers refuse access to spare parts, repair information or diagnostic tools, and work closely with their national authorities where necessary.

The Directive provides the legal framework, but its success will depend on effective implementation and consistent enforcement across Europe.

In Plain English

The new law gives repair businesses more rights, but someone still has to make sure manufacturers follow the rules.

There is no European organisation responsible for enforcing the Directive. Instead, each EU country will decide how to investigate complaints and what penalties apply if manufacturers fail to comply.

That means enforcement may vary from one country to another. Repair businesses should keep clear records whenever they experience problems, as this evidence may be needed to support complaints or encourage national authorities to take action.

The law is a powerful tool, but it will only be effective if businesses are prepared to use it.

Why this matters

Good legislation is only effective when it is properly enforced.

If manufacturers continue to delay repairs, withhold information or restrict access to spare parts without consequences, the benefits of the Right to Repair Directive will be limited.

This is why Free ICT Europe encourages the independent repair sector not only to understand its new rights, but also to document non-compliance, engage with national authorities and help shape consistent enforcement across Europe.

A strong Right to Repair framework depends not only on good legislation, but also on businesses willing to stand behind it.

This article is part of Free ICT Europe's six part series on the European Right to Repair Directive.

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