Italy’s new Right to Repair law bans repair barriers, but leaves prices untouched and overlooks meaningful incentives

The EU Right to Repair Directive prevents manufacturers from blocking repairs, but the lack of a clear definition of what constitutes a “reasonable” repair price, broad intellectual property exemptions, and the absence of tangible incentives in the Italian implementing decree risk limiting the development of a truly circular economy.

Starting tomorrow, the European Right to Repair Directive will officially become law in Italy. refurbed, Europe’s leading marketplace for refurbished electronics, believes the legislation is a step in the right direction—but ultimately stops short of making repairs genuinely affordable for consumers.

“The Directive deserves credit: it bans the contractual, hardware and software tricks that manufacturers have used for years to block repairs,” said Kilian Kaminski, co-founder of refurbed and board member of EUREFAS, the European Refurbishment Association. “But it never defines what a fair repair price actually is—and that’s the one figure that ultimately determines whether consumers choose repair over replacement.”

The core provision requires spare part prices to be “reasonable” and not “discourage repair.” However, because the Italian implementing decree provides no objective benchmark or mathematical definition of what “reasonable” means, refurbed argues that this wording is open to interpretation and is therefore unlikely to bring prices down.

There is also a second loophole—arguably the most significant for the second-hand and refurbished sector. While the Directive prohibits manufacturers from using contractual terms, hardware or software to prevent repairs, it immediately introduces an exemption for anything “justified by legitimate and objective factors, including intellectual property rights.” Since the legislation does not define what qualifies as “legitimate,” manufacturers may still invoke patents or trademarks to restrict exactly what the Directive is intended to protect: compatible spare parts, second-hand components and 3D-printed replacements. Practices such as parts pairing and “original parts only” warnings could therefore continue to circumvent the ban.

Looking specifically at the Italian implementation, the decree includes several provisions that risk weakening the Directive even further. Rather than introducing tangible benefits for the refurbishment sector and consumers—such as reuse bonuses or direct repair incentives—Italy has opted to establish a National Observatory on Repair, whose role is limited to monitoring. Furthermore, although financial penalties are предусмотрены for non-compliant manufacturers, only 50% of the collected fines will be reinvested in promoting repair practices.

In light of these structural shortcomings, refurbed is calling for several improvements:

• A published, transparent pricing formula or a maximum cap for spare part prices (for example, limiting the most expensive spare part to 20% of the product’s retail price, ensuring that repairs remain significantly cheaper than replacement).
• A limited and explicit list of acceptable justifications—not a broad intellectual property exemption—before a manufacturer can refuse a repair, with the burden of proof placed on the manufacturer.
• Explicit national legislation prohibiting parts pairing and repair-blocking practices, rather than relying on indirect environmental legislation.

Specifically for Italy

• The National Observatory should be accompanied—or replaced—by tangible incentives for the refurbishment sector, such as a reuse bonus when purchasing a refurbished product or repairing a device, or financial incentives for returning old devices into circulation through certified refurbishers.
• The full amount of fines imposed on non-compliant manufacturers (after administrative costs) should be reinvested in promoting circular economy practices, sending a clear signal about the direction policymakers intend to take.

The marketplace also stresses what the Right to Repair Directive is not intended to achieve: making products more repairable in the first place. That responsibility lies with the separate EU Ecodesign Regulation.

“A right to repair only matters if the product is actually repairable,” Kaminski continued.

refurbed has actively contributed to this legislative process at EU level as a member of EUREFAS and the Right to Repair Europe campaign, including participation in public consultations, meetings with the European Commission’s responsible unit, dialogue with Members of the European Parliament working on the file, and involvement in public policy forums.

“Everyone will celebrate this Directive as the moment when repairing products became easier in Italy and across Europe. It isn’t,” Kaminski concluded. “It’s simply the moment when blocking repairs became a little more embarrassing to do in public. But nobody has put a number on what a repair should actually cost. If a spare part still costs 80% of the price of a new device, the right to request it is meaningless. We don’t need another right on paper—or another Observatory. We need fair pricing written into law and real financial incentives.”

For further information: Spencer & Lewis for refurbed.