French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Former Article L. 111-1, II, of the Consumer Code obliged the manufacturer or importer of movable property to inform the professional seller of the period during which or the date until which the spare parts essential to the use of the goods were available on the market. The seller had to pass on this information to the consumer before the contract of sale was formed.
1) Availability of parts 
The …

Information on spare parts

Former Article L. 111-1, II, of the Consumer Code obliged the manufacturer or importer of movable property to inform the professional seller of the period during which or the date until which the spare parts essential to the use of the goods were available on the market. The seller had to pass on this information to the consumer before the contract of sale was formed.

These provisions, which have been supplemented and are now included in Article L. 111-4 , are intended to combat the in-built obsolescence of everyday consumer goods, i.e. all techniques designed to reduce the lifetime or use of a product in order to increase its replacement rate, including sometimes through the premature withdrawal from the market, of its spare parts. In its version stemming from the Law of 10 February 2020 on the fight against waste and the circular economy and the Law of 15 November 2021 on reducing the environmental footprint of digital technology in France, Article L. 111-4 clarifies this obligation to provide information in certain sectors. The article provides that for electrical and electronic equipment and furnishings, spare parts essential to the use of goods are deemed to be unavailable when this information is not provided to the professional seller; in this case, manufacturers or importers are required to inform sellers of their products, repairers and, at their request, reconditioners, of the details of what the commitment to the duration of availability of spare parts consists, with this information being made available in particular by means of a dematerialized form.  It also requires manufacturers and importers of household appliances, small computer and telecommunications equipment, screens and monitors to ensure, for a list of products determined by law, the availability of spare parts for such products during the marketing period of the model concerned and for a minimum additional period after the date on which the last unit of the model was placed on the market, which may not be less than five years, it being understood that this information be delivered to the consumer by the seller in a legible manner before the conclusion of the contract and confirmed in writing when the goods are purchased. 

Under Article L. 111-4, paragraph 2, from this obligation to provide information results an obligation to supply: once the manufacturer or importer has indicated the period or date of availability of spare parts, he is required to supply,the spare parts essential for the use of the goods sold within fifteen working days, under non-discriminatory conditions, to professional sellers, reconditioners or repairers, whether approved or not, who request it. 

Moreover, for certain categories of goods as determined by decree, when a spare part essential to the use of a product available on the market can be manufactured by a three-dimensional printing process and is no longer available on the market, the manufacturer or importer of movable property must provide, subject to compliance with intellectual property rights, to professional sellers, reconditioners or repairers, whether approved or not, who request it, the manufacturing plan, by a means of three-dimensional printing, of the spare part or, failing that, the technical information available to the manufacturer that is relevant to the preparation of this plan.

Article D. 111-4  states that “[…] information provided by the manufacturer or importer of moveable property to the professional seller, relating to the period during which or date until which the spare parts essential for the use of a product are available, must appear on any commercial document or on any durable medium accompanying the sale of moveable property”. The written acknowledgement, referred to in Article L. 111-4, may be made either “in the purchase order, if any, or on any durable medium recording or accompanying the sale”. 

Article D. 111-5  specifies that the obligation to supply spare parts is implemented without prejudice to the application of the rules of competition relating to selective and exclusive distribution networks and agreements.

To facilitate repair and encourage the use of spare parts from the circular economy, the law on the fight against waste and the circular economy, supplemented by the “Climate” Law No 2021-1104 of 22 August 2021, and its implementing decrees  have added to Article L. 111-4 new Articles R. 111-4-1 , R. 111-4-2  and R. 111-4-3 , applicable as of 1 January 2022, which define the products and parts concerned by the obligation to ensure the availability of spare parts.

In addition, for power-driven DIY and gardening tools, sporting and leisure goods, including bicycles, electrically-assisted bicycles and power-driven personal mobility devices, Article L. 111-4-1, which came into force on 1 January 2023, stipulates that manufacturers and importers must ensure the availability of replacement parts for the products listed in Articles R. 111-4-5  (sporting goods) and R. 111-4-610 (power-driven personal mobility devices). 111-4-59 (sporting goods) and R. 111-4-  (motorized personal mobility devices), the availability of severable parts for these products during the marketing period of the model concerned and for a minimum period, which may not be less than five years, following the date on which the last unit of the model was placed on the market.

With regard to professionals marketing maintenance and repair services for household electrical equipment, small IT and telecommunications equipment, screens and monitors, Article L. 224-109, resulting from the law on the fight against waste and the circular economy, requires them to propose to the customer at least one offer, for certain categories of spare parts, including “parts from the circular economy in place of new parts  bearing in mind that Article R. 224-32 defines the equipment and parts covered by this obligation. However, in application of Article R. 224-31, when parts from the circular economy are not available within the time-limit compatible with the date or timeframe for the provision of the maintenance or repair service, determined under the conditions set out in Article L. 216-1, the obligation set out in Article L. 224-109 does not apply. 

New Articles D. 224-34 to D. 224-37 specify the methods of informing the consumer on the conditions of sale of parts from the circular economy in the context of maintenance or repair services. The repairer must thus, at the entrance to the premises where the public is welcomed to request maintenance or repair services, inform the consumer of the possibility of opting, on the occasion of that service, for the use of parts from the circular economy, by a clear, visible and legible display from the outside, which specifies the categories of equipment concerned and the fact that the professional is not obliged to offer parts from the circular economy in the case provided for by Article R. 224-3; if the repairer has a website, this information must be presented in a clear, visible and legible manner (Consumer Code, Art. D. 224-34).The professional must then allow the consumer, before he accepts the offer, to opt for the use of a recycled part by collecting, on a durable medium, his choice to use this part instead of a new part; if he does not have the corresponding part from the circular economy at the time of the offer of service, a statement written in a clear and legible manner appears under this option and specifies that the supply of the parts must be carried out subject to the exception provided for in Article R. 224-31 of the Consumer Code (Consumer Code, Art. D. 224-35). In the event of a choice between several parts from the circular economy to replace the same defective part, likely to have consequences on the time-limit or the price of repair or maintenance, the different options must be clearly presented to the consumer, who then specifies his choice on a durable medium (Consumer Code, Art. D. 224-36). The professional must keep a copy of the documents provided to the consumer for a period of two years (Consumer Code, Art. D. 224-37), if necessary in electronic form. An obligation similar to that of article L. 224-109 is aimed at the car repairer in Article L. 224-67  , under the conditions referred to in articles R. 224-22 to R. 225-25.

3) Repairability and sustainability indexes

Law No 2020-105 of 10 February 2020 on the fight against waste and the circular economy has further strengthened consumer information by instituting in Article L. 541-9-2, paragraph 1, of the Environmental Code, from 1 January 2021, a repairability index enabling anyone (seller or consumer) who requests it from producers, importers, distributors or other marketers of electrical and electronic equipment to know whether their product is repairable, difficult to repair or non-repairable, bearing in mind that the criteria used to compile this index must include the price of severable parts needed for the product to function properly and, whenever relevant, the presence of a usage meter visible to the consumer. This is a simple index (one mark out of 10) affixed directly to the product or its packaging, and at the point of sale.

In the case of online sales, the seller informs the consumer free of charge, at the time of purchase, by means of marking, labeling, display or any other appropriate process, of the repairability index of this equipment. The manufacturer or importer is responsible for making this information available to the public electronically, in a format that can be easily reused and used by an automated processing system in aggregate form.

The seller shall also make available to the consumer the parameters used to establish the product's repairability index, by any appropriate means.

The repairability index initially covered 5 pilot product categories (porthole washing machines, televisions, smartphones, laptops and lawnmowers), then was extended to four other product categories (top washing machines, dishwashers, vacuum cleaners and high-pressure cleaners). Articles R. 541-210 to R. 541-214 of the Environment Code specify the application of the repairability index.

Article L. 541-9-2, paragraph 2, introduces, according to the same principle, a durability index, which includes new criteria such as product reliability and robustness. The durability index complements or replaces the repairability index where it exists. It applies to televisions  as of January 8, 2025, and washing machines  as of 8 April 2025. Articles R. 541-216 to R. 541-221 specify the implementation of the durability index.

Art. L. 224-67, Consumer Code: "Any professional who markets maintenance or repair services for motor vehicles or two- or three-wheeled vehicles allows consumers to opt for the use, for certain categories of spare parts, of parts from the circular economy instead of new parts. A decree in Council of State establishes the list of categories of parts concerned and specifies the definition of parts from the circular economy, within the meaning of this article. It also defines the conditions under which the professional is not obliged to offer these parts because of their unavailability or other legitimate reasons. The means of providing this information to the consumer are fixed by decree. In the event of a dispute, it is the professional's responsibility to prove that he has fulfilled his obligations.

Order of 5 April 2024 relating to the criteria, sub-criteria and rating system for calculating and displaying the sustainability index for televisions, OJ of 7 April 2024.

Decree No 2021-1943 of 31 December 2021 on the duration of availability of spare parts for laptops and multifunction cell phones; Decree No 2021-1945 of 31 December 2021 on the provision of information to consumers on the conditions of sale of parts from the circular economy in the context of maintenance or repair services for household appliances, small computer and telecommunications equipment, screens and monitors; Decree No. 2021-1944 of 31 December 2021 on the use of spare parts from the circular economy for the repair and maintenance of household electrical or electronic equipment. 

Art. R. 111-4-1, Consumer Code: "For the application of Article L. 111-4, the following definitions apply:

"Laptop computer": a computer specially designed to be portable and to be able to operate for a long period of time with or without direct connection to an AC power source. Laptop computers use an integrated display with a visible diagonal measurement of at least 22.86 cm (9 inches) and may operate on a built-in battery or other portable power source;

“Tablet Computer” means a laptop computer that includes a touch screen and physical keyboard;

“Slate computer” means a laptop computer with an integrated touch screen but without a non-removable physical keyboard;

"Mobile thin client computer": a laptop that relies on a connection to remote computing resources (computer server, remote workstation) for basic functionality and does not have built-in disk storage;

“Multifunction cell phone": an electronic device used for long-range communication over a cellular base station network and with functionality similar to that of a wireless laptop computer primarily intended for battery mode and having a touchscreen interface.”

Art. R. 111-4-2, C.onsumer Code : "Manufacturers and importers of portable computers with the exception of tablet computers, slate computers and so-called mobile thin client computers, must provide:

1° From the date the first unit of a model is placed on the national market, the availability of the following spare parts for that model:

2° No later than two years after the date of placing the first unit of a model on the national market, the availability of the following spare parts of that model:

They also ensure the availability of the spare parts mentioned in 1° and 2° for a minimum period of five years from the date the last unit of the model concerned was placed on the national market.

Art. R. 111-4-3, Consumer Code: "Manufacturers and importers of multi-function mobile telephones shall provide:

(2) Not later than two years after the date of placing the first unit of a model on the national market, the availability of the following spare parts of that model:

They must also ensure the availability of the spare parts mentioned in 1° and 2° for a minimum period of five years from the date the last unit of the model concerned was placed on the national market.

Article R. 111-4-5, Consumer Code: "I.- For the application of Article L. 111-4-1, the following sports and leisure articles are subject to the provisions of this Article: 1° Bicycles, as defined in Article 1 of Decree No 2016-364 of 29 March 2016 laying down safety requirements for bicycles; 2° Electrically-assisted bicycles, as defined in 6. 11 of Article R. 311-1 of the Highway Code; 3° Non-motorized scooters; 4° Leisure tents; 5° Table tennis tables; 6° Treadmills; 7° Elliptical bikes; 8° Exercise bikes; 9° Rowers. II. Manufacturers and importers of bicycles referred to in I must ensure: 1° From the date the first unit of a model is placed on the national market, the availability of the following spare parts: a) Wheels; b) Pedals; c) Bottom bracket axles; d) Braking systems; e) Derailleurs and derailleur cables; f) Transmission chains or belts; g) Saddles; h) Mudguards and luggage racks; i) Handles; 2° No later than two years after the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Forks; b) Cranksets; c) Sprocket cassettes or hub-integrated shifting systems; d) Handlebars; e) Stems; f) Frame shock absorbers.

They also ensure the availability of the spare parts mentioned in 1° and 2° for a minimum period of seven years from the date on which the last unit of the model concerned was placed on the national market.

III. Manufacturers and importers of the electrically-assisted bicycles referred to in I shall ensure: 1° From the date the first unit of a model is placed on the national market, the availability of the following spare parts: a) Wheels; b) Pedals; c) Pedal axles; d) Braking systems; e) Derailleurs and derailleur cables; f) Transmission chains or belts; g) Saddles; h) Mudguards and luggage racks; i) Handles; 2° No later than two years after the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Engines; b) Control screens; c) Batteries; d) Chargers; e) Electrical harnesses; f) Power and speed sensors and regulators; g) Controls; h) Forks; i) Pedal assemblies; j) Sprocket cassettes or hub-integrated shifting systems; k) Handlebars; l) Stems; m) Frame shock absorbers. They also guarantee the availability of the severable parts mentioned in 1° and 2° for a minimum period of five years from the date on which the last unit of the model concerned was placed on the national market. IV - Manufacturers and importers of non-motorized scooters ensure: 1° From the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Wheels; b) Braking systems; c) Folding systems; d) Mudguards; e) Handles;

2° No later than two years after the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Forks; b) Axles; c) Handlebars and handlebar tubes. They also ensure the availability of the severable parts mentioned in 1° and 2° for a minimum period of five years from the date on which the last unit of the model concerned is placed on the national market. See - Manufacturers and importers of leisure tents shall ensure the availability of the following severable parts no later than two years after the date on which the first unit of a model is placed on the national market: a) Poles; b) U-bolts. They also guarantee the availability of these spare parts for a minimum of five years from the date on which the last unit of the model concerned is placed on the national market. VI - Manufacturers and importers of table tennis tables ensure: 1° From the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Wheels; b) Braking systems; 2° No later than two years after the date on which the first unit of a model is placed on the national market, the availability of the following spare parts: a) Tops; b) Safety systems; c) Stands; d) Net posts. They also ensure the availability of the severable parts mentioned in 1° and 2° for a minimum period of five years from the date on which the model concerned was placed on the national market.

VII. Manufacturers and importers of treadmills ensure: 1° From the date the first unit of a model is placed on the national market, the availability of the following severable parts: a) Running belts; b) running boards; c) steps; 2° No later than two years after the date the first unit of a model is placed on the national market, the availability of the following severable parts: a) Control cards; b) Motors; c) Batteries; d) Switches; e) Consoles; f) Folding cylinders; g) Speed sensors; h) Lower covers; i) Power cords; j) Front and rear rollers; k) Casings; l) Emergency stop devices. They also ensure the availability of the severable parts mentioned in 1° and 2° for a minimum period of five years from the date on which the last unit of the model concerned was placed on the national market.

Art. R. 111-4-6, Consumer Code: “I.-For the application of Article L. 111-4-1, motorized personal transport devices, as defined in 6.15 of Article R. 311-1 of the Highway Code, are subject to the provisions of the present Article. II.- Manufacturers and importers of motorized personal displacement machines ensure: 1° From the date the first unit of a model is placed on the national market, the availability of the following spare parts: a) Wheels; b) Braking systems; c) Folding systems; d) Mudguards; e) Handles; f) Accelerator triggers; g) Hulls; 2° No later than two years after the date the first unit of a model is placed on the national market, the availability of the following spare parts: a) Motors; b) Batteries; c) Chargers; d) Controllers; e) Control boards; f) Electrical harnesses; g) Control screens; h) Speed regulation devices; i) Controls; j) Forks; k) Axles; l) Handlebars and handlebar tubes; m) Shock absorbers. They also ensure the availability of the severable parts mentioned in 1° and 2° for a minimum period of five years from the date on which the last unit of the model concerned was placed on the national market”.

Article R. 224-30: “For the application of Article L. 224-109, parts resulting from the circular economy means the components and elements resulting from an operation to prepare their re-use within the meaning of the provisions of the Articles L. 541-1-1 and L. 541-4-3 of the Environmental Code”.

French Consumer Law

397. Information on spare parts

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397. Information on spare parts

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Les notions juridiques connexes

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