Defective Products in Romania: Free Repair Rules for 2026

How To13 min read

The answer is simpler than the phrase “right to repair” suggests: if you report a lack of conformity during the period for which the seller is liable, write to the retailer and request repair or replacement free of charge, within the limits of the law. If that period and any commercial guarantee have expired, you may turn to the manufacturer, but only for certain products, and the repair may involve a charge.

As of 26 September 2026, there is also a decisive Romanian filter. The EUR-Lex page on national measures showed for Romania zero notified transposition measures for Directive (EU) 2024/1799. ANPC had published a draft, but a draft is not equivalent to legislation that has entered into force. In the absence of an identified final Romanian legal provision, the European post-guarantee obligation should not be presented as an indisputable domestic procedure against a private company.

Decision tree: four questions before sending a product for repair

Who sold you the product? This is the party to contact about a lack of conformity, even if the retailer uses an external repair service.
When was it delivered? The delivery date generally starts the two-year period for which the seller is liable and the 30-day period relevant to prompt replacement.
When was the contract concluded? The date matters for the European amendment on a 12-month extension after a repair carried out as a remedy. Article 21 of the directive excludes contracts concluded before 31 July 2026 from that amendment.
If the seller is no longer liable, does the model fall within a category subject to European repairability requirements? Only then does the manufacturer’s obligation under Article 5 of the directive become relevant, together with the status of transposition in Romania.

Situation	Who to write to	What to request	Cost
Lack of conformity identified during the statutory liability period	The seller	Repair or replacement, under Government Emergency Ordinance No. 140/2021	Free of charge
Lack of conformity identified within 30 days of delivery	The seller	Replacement of the goods, under Article 11(7)	Free of charge
Valid commercial guarantee	The guarantor named in the certificate	The benefits promised in the certificate or advertising	In accordance with the commercial commitment
Possible hidden defect after two years	Usually the seller	Remedy or replacement, if the conditions in Article 11(8) are met	Depends on proving the defect and the applicable remedy
Eligible product outside the seller’s liability period	The manufacturer or entity named by the directive	Repair, if it is not impossible and the obligation applies in Romania	Free of charge or at a reasonable price
Ineligible product	A repairer of your choice	A contractual repair quote	According to the accepted estimate

Route 1: the seller is liable for lack of conformity

Government Emergency Ordinance No. 140/2021 governs the relationship between the consumer and the seller. Under Article 9(1), the seller is liable for any lack of conformity existing at delivery and identified within two years. For second-hand goods, a shorter period may be agreed, but it cannot be less than one year.

If the problem is identified in the first year after delivery, Article 10(1) presumes that the lack of conformity already existed at delivery, unless proven otherwise, subject to the exceptions set out in the provision. A claim remains possible in the second year, but the technical cause may be more disputed.

What you can request

Article 11(2) allows a choice between repair and replacement. The seller may refuse the chosen option if it is impossible or disproportionate compared with the available alternative. The refusal should not remain verbal: ask for the reasoning and the remedy proposed instead.

For further information, you can also read Is “your bank” or an institution calling? What to do in the first 15 minutes to avoid losing money, an article that develops an aspect directly related to this subject.

If the lack of conformity is identified shortly after delivery, within no more than 30 calendar days, Article 11(7) provides for replacement of the goods.

Repair or replacement must be carried out free of charge and without significant inconvenience. Under Article 12(1)(b), the deadline is agreed in writing by mutual agreement and may not exceed 15 calendar days from the time the seller was informed. The nature of the goods, the complexity and seriousness of the defect, and the effort required for the remedy are taken into account.

A price reduction or termination of the contract may be requested in the situations set out in Article 11(4), including where the remedy is not completed, the defect reappears, the problem is sufficiently serious, or it is clear that the goods will not be brought into conformity within a reasonable time. Termination is not available for a minor lack of conformity; the seller must prove that it is minor.

After two years: check for a hidden defect before abandoning your claim

Article 11(8) allows the consumer to request a remedy or replacement for goods that can no longer be used for their intended purpose because of a hidden defect arising within their average period of use.

This is not an unlimited guarantee. It must be established that the problem is a hidden defect, rather than normal wear and tear, improper maintenance or damage occurring later. For a refrigerator, boiler or expensive appliance, an independent diagnosis or expert assessment may determine whether the claim has technical support.

Route 2: the manufacturer may repair, but not every product and not necessarily free of charge

Article 5 of Directive (EU) 2024/1799 requires repair, at the consumer’s request, of goods for which the acts in Annex II lay down applicable requirements concerning repairability. The manufacturer may refuse if repair is impossible.

The work may be free of charge or may carry a reasonable price. The directive does not set a tariff, a percentage of the product’s value or a universal cap. The manufacturer may also offer a replacement product free of charge or for a reasonable amount, but is not required to do so in every case.

If the manufacturer is not established in the European Union, the directive places the obligation, in the order set out in Article 5(3), on the authorised representative, importer or distributor.

Which products are covered

Annex II covers categories including washing machines and washer-dryers, dishwashers, refrigerating appliances, electronic displays, vacuum cleaners, mobile phones and slate tablets, tumble dryers, welding equipment, servers and data storage products, certain battery-powered goods for light means of transport, and household local space heaters.

The general category is not enough. The requirements in the European regulation cited in the Annex must apply to the specific product. A laptop, printer or console is not automatically on the list simply because it is an electronic device.

To check, note the model and serial number, consult the manufacturer’s official service page, and request written confirmation of the category, the entity that handles the request in Romania, and the European repairability rule applicable to the model.

Three worked cases

1. Phone defective after 18 months

The phone restarts during normal use and the seller remains liable under Article 9(1). The request goes to the retailer, not directly to the manufacturer. The consumer may request repair or replacement free of charge, subject to the limits of impossibility and disproportionality. The manufacturer’s post-guarantee obligation is not needed for this claim.

2. Refrigerator unusable after three years

The usual two-year period has expired, but the case does not automatically move to paid repair. If the failure may result from a hidden defect arising within the average period of use, the consumer may notify the seller under Article 11(8), supporting the request with a technical diagnosis.

If the hidden defect cannot be proved, refrigerators belong to a category included in Annex II, so a repair request to the manufacturer may become relevant. The cost may be reasonable, rather than necessarily zero, and in Romania the transposition measure applicable on the date of the request must be checked.

3. Laptop defective after all guarantees have expired

Laptops do not appear as such in the consolidated list in Annex II. The fact that the list includes servers, data storage products, phones and certain tablets does not automatically extend the obligation to laptops. In the absence of another legal basis, the owner requests a contractual quote from a repair service or the manufacturer, without assuming that a general European obligation to repair exists.

The contract date matters, but not for every right

The directive amends the European sales regime so that, where repair is used to bring non-conforming goods into conformity, the contractual liability period is extended once by 12 months. The amendment appears in Article 16(2)(a).

Article 21 specifies that Article 16 does not apply to contracts concluded before 31 July 2026. The extension does not cover every intervention: it is not automatically triggered by maintenance or a paid post-guarantee repair.

In a complete case file, the following four dates should not be confused:

the contract date determines whether the European amendment may be relevant;
the delivery date generally starts the seller’s liability period;
the date the defect was identified may trigger the 30-day rule;
the date the seller was notified is the reference point mentioned by Article 12 for the remedy deadline.

Action checklist: what to send and what to request

Include the following in your initial notice:

the product name, model and serial number;
the seller, order or invoice number, and relevant dates;
an exact description of the symptom;
the remedy requested;
a request for a registration number and a response on a durable medium;
a request for reasons if the remedy is refused.

Keep proof of purchase, order confirmation, the commercial certificate if one exists, photographs or recordings of the defect, proof that notice was given, the handover record, diagnosis, estimate, and the dates on which the product was handed over and returned.

Short template for the seller

Subject: Notice of lack of conformity – [product and model]

I hereby notify you of a lack of conformity in the product [model, serial number], delivered on [date], under order/invoice [number]. The defect identified is: [factual description]. Under Government Emergency Ordinance No. 140/2021, I request [repair free of charge/replacement]. Please register this request, agree the remedy deadline with me in writing, and provide reasons for any refusal of the requested measure.

Short template for the manufacturer

Subject: Eligibility and repair quote – [product and model]

Please confirm whether the repairability requirements linked to Annex II of Directive (EU) 2024/1799 apply to model [model, serial number], and identify the entity that handles the request in Romania. Before handover, please provide the costs of diagnosis, transport, parts and labour, the maximum price, the estimated timeframe, and the conditions that apply if I do not accept the estimate.

Before accepting a charged repair

Article 4 of the directive allows repairers to offer the European repair information form. The form is free of charge, but the diagnosis needed to identify the defect and estimate the price may be charged if you were informed in advance.

Request in writing the cost of diagnosis, parts, labour and transport; the timeframe; the maximum price; and the guarantee offered for the work. If the European form is used, the conditions stated in it cannot be altered for 30 calendar days, except for a longer period agreed with the consumer.

When to escalate

First ask the trader for a written response. A verbal refusal does not show the legal basis and is difficult to verify.
Notify ANPC if the seller does not comply with obligations under Romanian law. Attach the documents, notice and response received. ANPC can check compliance with the legislation, but the outcome of a specific case cannot be guaranteed.
Consider ADR if you are seeking an alternative dispute resolution outcome and the trader falls within the applicable procedure.
Obtain an independent diagnosis or expert assessment where the dispute concerns the technical cause, wear and tear, or the existence of a hidden defect.
Seek legal advice if termination of the contract, damages, or the effects of an untransposed directive are disputed. These matters may go beyond administrative oversight and lead to civil litigation.

The rule that helps you avoid most refusals

Do not make a generic request for a “manufacturer’s guarantee”. If the seller is still liable, notify the retailer and invoke Government Emergency Ordinance No. 140/2021. If the statutory period has expired, first check the commercial guarantee and the possibility of a hidden defect. Only then check whether the product is eligible for repair requested from the manufacturer.

31 July 2026 did not make all repairs free. It more clearly separated two routes: a free-of-charge remedy for lack of conformity in the relationship with the seller, and repair by the manufacturer of an eligible product, potentially for a charge. In Romania, the second route should be used only after checking the current form of the transposition legislation.

Frequently asked questions

Who do I write to if the product breaks within the first two years?

The seller from whom you bought the product. Article 9(1) of Government Emergency Ordinance No. 140/2021 establishes the seller’s liability, while Article 11 governs repair, replacement, price reduction and termination of the contract.

Can I request a new product instead of repair?

In principle, you may choose between repair and replacement, but the seller may refuse the option that is impossible or disproportionate. If the lack of conformity is identified within no more than 30 days of delivery, Article 11(7) provides for replacement of the goods.

Is a repair requested from the manufacturer free of charge?

Not necessarily. Article 5 of Directive (EU) 2024/1799 allows repair free of charge or at a reasonable price. There may be costs for diagnosis, parts, labour and transport, communicated before the work is carried out.

Is every electronic product covered by the European right to repair?

No. The obligation concerns goods for which applicable European repairability requirements exist and which are linked to the acts listed in Annex II. Laptops, printers and consoles are not automatically included.

Is the guarantee extended by 12 months after every repair?

No. The European rule concerns a repair carried out as a measure to bring goods into conformity and provides for only one extension. Article 21 excludes contracts concluded before 31 July 2026 from this amendment. Its specific application in Romania depends on transposition legislation.

Do I have any rights after two years?

Possibly. Article 11(8) of Government Emergency Ordinance No. 140/2021 allows a request for a remedy or replacement in the case of hidden defects arising within the average period of use. Establishing the defect may require a diagnosis or expert assessment.

Is the directive already sufficient to oblige a private company in Romania?

As of 26 September 2026, EUR-Lex showed zero notified Romanian transposition measures. As a rule, an untransposed directive does not by itself impose obligations on a private company. The effects in a specific dispute and any remedies require legal analysis.