Right to Repair? – 31 July 2026 in the EU

In early April 2026, farmers in the US brought an end to a long-running battle against John Deere over the right to repair their agricultural machinery. This was achieved through a landmark settlement following a lawsuit brought by the US Federal Trade Commission (FTC) against John Deere. The FTC is comparable to the European Commission and the Dutch ACM (Authority for Consumers and Markets).

In the US, the case centred on farmers’ right to maintain their own machinery without restrictions imposed by the manufacturer. Although the agricultural machinery giant emphasised in a statement that this did not constitute an admission of guilt, it agreed to pay US$99 million into a fund. This money will benefit agricultural businesses and individuals who took part in the class action lawsuit. The money is available to those who, from January 2018 onwards, paid for repairs to heavy machinery at authorised John Deere dealers.

Access to software, tools and manuals

In the EU, John Deere has significantly expanded access to its software, diagnostic tools and repair manuals since 2023. In the EU, owners of agricultural machinery and independent repair workshops have had access via the John Deere Store since 2023 to resources that were previously available only to dealers.

It is clear that manufacturers do not simply grant access to their software and repair tools. The Dutch Copyright Act provides for a specific right to modify and repair software (Art. 45 J) pursuant to an EU directive. This right cannot be contractually waived; to do so would render the contract void. This includes, for example, fixing errors (bug fixing), making a backup, and studying and observing the operation of the functions and language during normal use. This may differ if products are hosted in the ‘cloud’ and there is effectively a rental arrangement for the software rather than the ‘traditional’ software installed on your own premises.

It now goes far beyond just software

By 31 July 2026 at the latest, all EU Member States must have incorporated the ‘right to repair’ into their national legislation. This is to promote the repair of broken goods, reduce waste and encourage sustainable consumption. The directive obliges manufacturers to make products easier and cheaper to repair, even after the warranty period has expired. This refers to Directive (EU) 2024/1799, also known as the Right to Repair Directive.

What are the key points of the EU directive?

• Scope: it applies to a wide range of products subject to repair requirements under EU legislation, such as white goods (washing machines, dishwashers) and smartphones.
• Obligations for manufacturers: repairs must be possible at a “reasonable price” and within a “reasonable timeframe”.
• Spare parts: manufacturers must make spare parts available and provide access to technical documentation.
• Is the warranty period relevant?: No; manufacturers must offer repairs even after the statutory warranty period has expired.
• Benefits for consumers: it will be easier to have products repaired rather than replaced, and it will increase the transparency of repair services.
• Duty to provide information: consumers are better informed about their repair rights.
• The directive is a crucial part of the European Green Deal and ensures that ‘repairability’ becomes a mandatory requirement in product development.

Conclusion

If you are having problems with the repair of software or goods, you can contact us, even if the Dutch government is late in implementing this legislation; in that case, a direct appeal to the Right to Repair Directive is possible. Our lawyers will be happy to help you.