Easier Contract Withdrawal and Greater Sustainability: Key Changes Proposed to the Consumer Protection Act
The proposed amendment to the Consumer Protection Act, which transposes three European Union directives, is intended to strengthen consumer protection — particularly in the context of distance contracts — while also addressing misleading environmental practices and, through the introduction of incentives for product repair, pursuing the objectives of sustainable consumption.
In early December 2025, the Act Amending the Consumer Protection Act (ZVPot-1) was submitted to the governmental legislative procedure. By transposing EU directives into national law (Directive (EU) 2024/1799 of 13 June 2024, Directive (EU) 2024/825 of 28 February 2024, and Directive (EU) 2023/2673 of 22 November 2023) the amendment introduces several changes, primarily relating to sustainable consumption and the conclusion of distance contracts, in particular contracts for financial services.
Numerous misleading green advertising practices and false claims about the environmental impact of products characterise the European market. One measure aimed at addressing such business practices is the harmonisation of the commercial guarantee of durability across the European Union. In parallel, the proposed amendment envisages measures to encourage businesses to offer reusable, durable, and repairable products.
In addition to measures applicable to traders, the amendment also introduces mechanisms intended to encourage sustainable consumer behaviour. In practice, when products malfunction, consumers often opt for replacement rather than repair, which contributes to increased waste. Directive (EU) 2024/1799, therefore, expressly prioritises repair over replacement within the system of remedies available under the statutory guarantee of conformity. To this end, the directive introduces a new obligation to inform consumers of the right to repair (i.e. the right to choose between repair and replacement, as well as the extension of the warranty period in the event of repair or replacement of goods) and extends the statutory guarantee of conformity. Specifically, the two-year period will run anew from the delivery of the repaired or replaced goods — an approach previously reflected, on a subsidiary basis, in Article 463 of the Obligations Code (OZ). These measures are expected to extend product lifespans and, in turn, reduce adverse environmental impacts.
The new rules further provide that repairs of goods meeting the applicable requirements of repairability must be carried out free of charge or at a reasonable price, although the concept of reasonableness remains open-ended and subject to interpretation. This uncertainty could be mitigated by requiring manufacturers to make indicative repair prices available on a freely accessible website. Alternatively, the repairer may provide all relevant information—such as expected duration and cost of repair, the place of collection, and related details—by using a European repair information form prescribed by the competent minister.
A further, non-binding obligation, for manufacturers will be to offer consumers the use of replacement goods for the duration of the repair, either free of charge or at a reasonable price. As this obligation will not be mandatory, there is a risk that consumers may be left without their product for an extended period, potentially making repair a less attractive option than replacement.
Repairers (as well as sellers of refurbished goods and buyers of defective goods) will be listed, free of charge, on a European online repair platform.
The amendment will also implement Directive (EU) 2023/2673, which provides that, in the case of distance contracts for financial services, businesses must send consumers a reminder of their right of withdrawal and of the applicable withdrawal procedure where the consumer receives the pre-contractual information less than one day before the contract becomes binding. Such a reminder must be sent within one to seven days following the conclusion of the distance financial services contract.
For all types of distance contracts, a so-called withdrawal button will be introduced. This button must be easily accessible on the website. It must enable consumers to submit a withdrawal notice easily. The business will, in turn, be required to confirm receipt of the withdrawal notice on a durable medium.
Other changes include the clarification of certain ambiguities in the existing statutory framework, inter alia:
i) an amendment clarifying that the reference price used when advertising a price reduction is the previous price (typically the lowest price during the preceding 30 days) rather than the regular selling price, following the judgment of the Court of Justice of the European Union in Case C-330/23 (2024);
ii) a supplement to the pre-contractual information requirements under Article 18, expanding consumer information on the statutory guarantee of conformity of goods (including its main elements and minimum duration, for which harmonised wording prescribed by the minister responsible for consumer protection is to be used) as well as on the repairability score of goods (i.e. a scale indicating the repairability of goods, based on harmonised requirements established at EU level);
iii) a supplement to the objective requirements for lack of conformity, adding “repairability” as a relevant characteristic.
The amendment is still in the inter-ministerial coordination phase, which means it may be subject to restructuring or other changes before adoption.
