2026 sales law reforms: German Bundestag calls for exemption for vehicles when extending warranty periods

It is no wonder that the challenges the “right to repair” are likely to pose for the motor vehicle trade are being widely reported on at the moment. But in legal terms, a distinction has to be made: the new rules in section 479a and following of the German Civil Code (Bürgerliches Gesetzbuch) regarding the right to a repair (including obligations regarding spare parts and tools as well as the prohibition on impeding independent repairers) are directed exclusively at manufacturers or those deemed equivalent to them and only apply to certain product groups. Entire vehicles are not covered. Instead, another change prescribed by Brussels will potentially have far-reaching consequences for the motor trade: the extension of warranty claims in certain situations. This affects the general law on warranties for defects, which has long been part of German civil law and should be viewed independently of the right to repair introduced in Subtitle 4, since the two are in fact mutually exclusive (See section 479a of the German Civil Code (Bürgerliches Gesetzbuch or BGB), as amended).

Seeking to protect one of Germany’s strongest economic sectors, the Bundestag, or lower house of parliament, recently adopted a resolution addressed to the German government. The resolution called on the government to lobby the EU for exemptions from the new warranty rules for the motor trade. This political initiative – and the current lack of clarity regarding terminology – are reason enough for us to take a closer look at the legal situation and its practical implications.

Legal background

In the German Act implementing Directive (EU) 2024/1799 promoting the repair of goods (Gesetz zur Umsetzung der Richtlinie (EU) 2024/1799 zur Förderung der Reparatur von Waren) (see also German sales law to become more sustainable? Implementing the European “right to repair”), the Bundestag took an important step towards sustainability at the end of June. The right to repair, which has been set down in the German Civil Code by the implementing Act, has attracted special attention in this context. Product categories covered by the right to repair include washing machines, refrigerating appliances and other primarily household-related appliances, for example. For vehicle manufacturers, the only product group currently covered is electronic displays.

The focus for manufacturers and dealers in the automotive sector is consequently on warranty periods. The one-off twelve-month extension for the entire product applies if the buyer (a consumer) opts for a repair rather than a replacement where a defect is rectified. This not only extends the rights between the buyer and the seller, but also indirectly covers the seller’s right of recourse against their supplier. This means that claims for recourse between businesses can also be extended by twelve months.

There is a clear reason why the legal concepts are often presented in a vague manner: the Directive promoting the repair of goods does not just introduce an EU-wide right to repair; it also amends the 2019 Directive on the sale of goods (Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC). These amendments require adjustments to be made to general German warranty law. On the one hand, the definition of a material defect has been expanded to include the criterion of reparability. On the other, the period within which consumers can make claims under warranties described above is to be extended. In this way, the European legislature is addressing two issues in a single directive that are substantively related but must be clearly distinguished from a legal point of view.

Criticism from the automotive industry

By promoting repairs, the European legislature is pursuing a legitimate and essentially progressive aim: to counteract Europe’s throwaway culture in the interests of conserving resources. Up to now, cars and motorbikes have certainly not been part of this throwaway culture. The opposite is in fact the case, as repairs have always been standard practice in the industry, especially for used vehicles.

Stakeholders and motoring organisations voiced strong criticism of the plans from Brussels in advance and called for an exemption for the automotive sector. Manufacturers, and in particular used car dealers, regard it as a significant economic risk when, even if only one component is defective and repaired, the seller remains legally liable for the entire vehicle for a further full year. They fear rising warranty costs, a reduced willingness to carry out repairs, declining opportunities to resell and a reduction in supplies of older used vehicles (“Right to repair, German Federation for Motor Trades and Repairs pushes for exemption for motor vehicles | German Motor Vehicle Industry (Deutsches Kraftfahrzeuggewerbe)” (Recht auf Reparatur: ZDK drängt auf Kfz-Ausnahme | Deutsches Kraftfahrzeuggewerbe)). The German motor trade and repair industry believes that retailers could increasingly shift towards commission-based private sales in order to avoid the additional liability risks. They say that this would potentially lead to more limited supplies of vehicles, less choice in the lower price segment and rising costs when purchasing vehicles (“Right to repair, German Federation for Motor Trades and Repairs pushes for exemption for motor vehicles | German Motor Vehicle Industry (Deutsches Kraftfahrzeuggewerbe)”; see also the editorial in kfz-betrieb 2026, 21-22). They point out that the rules could also have exactly the opposite effect on environmental protection, as artificially extending a vehicle’s lifespan would mean that older, higher-emission vehicles remain in use for longer (“New law on the way – without an exemption for cars” (Gesetz kommt – ohne Ausnahme für Autos)).

What the future looks like

The German government was and is still bound by the requirements of European law. The full harmonisation approach of the Sale of Goods Directive does not allow for national exceptions. Despite this, the concerns of the automotive industry were taken into account during the parliamentary process. In parallel with the adoption of the implementing legislation, the Bundestag adopted a resolution calling on the German government to advocate an exemption for motor vehicles at European level (Bundestag Document 21/6693: Proposed resolution and report by the Committee for Law and Consumer Protection (6th Committee), p. 7).

Whether this plan is realistic remains to be seen. The Bundestag’s resolution sets an initial political signal. It will now depend on whether the government takes up the call for an exemption in Brussels and secures support for an amendment to the Directive. While Germany’s influence in Brussels should not be underestimated, if an exemption had been desired, it could already have been pursued during the legislative process for the Directive on promoting the repair of goods. The Central Association of the German Motor Vehicle Industry (Zentralverband Deutsches Kraftfahrzeuggewerbe) has already announced that it will continue to press ahead with political efforts to secure a sector-specific exemption at European level (“Right to repair, German Federation for Motor Trades and Repairs pushes for exemption for motor vehicles | German Motor Vehicle Industry (Deutsches Kraftfahrzeuggewerbe)”).

Should such an initiative prove successful, an amendment to the Directive would be needed. Until then, manufacturers, authorised dealers and above all used car dealers must be prepared for the fact that repairs carried out as part of statutory requirements to rectify may lead to them being subject to warranty risks for a significantly longer period in the future. Given this, how the European legislative process continues is likely to be extremely important for the entire automotive sales and after-sales market.