LegalVideo Games Europe
Video Games Europe: Position on the Right-to-Repair Directive Proposal
1 Aug 20236 pages~22 min full read
Video Games Europe advocates that replacing a defective console with a refurbished unit should be legally recognized as equivalent to a repair, aligning with existing practices by Sony, Microsoft, and Nintendo.
See it on page 1The industry currently maintains a repair turnaround time of under 14 working days through authorized centers, which they argue is more efficient than mandatory loaner programs.
See it on page 1The organization opposes extending the current two-year legal guarantee, citing data that such an extension would yield only 0.3% in CO2 savings and negligible waste reduction over 15 years while increasing firm costs.
See it on page 5Video Games Europe supports a market-based pricing model for repairs, warning that government price controls would likely marginalize independent repairers and distort competition.
See it on page 5The gaming sector in Europe represents a significant economic force, generating €23.3 billion in 2020 and employing approximately 90,000 people to serve 250 million players.
See it on page 6The industry advises against expanding the Directive to include batteries or direct producer liability, recommending these issues remain under the existing Batteries Regulation to prevent legal uncertainty.
See it on page 6Video Games Europe endorses the European Commission’s draft Directive on common rules promoting the repair of goods, framing the initiative as essential to the EU’s green transition and to more sustainable consumption of electronic products. The organization argues that the gaming sector, which generated €23.3 billion in revenue in 2020, employs around 90 000 people and reaches roughly 250 million European players—over half of whom use consoles—has already established effective repair and refurbishment practices that should inform the legislation.
The core recommendation is that a replacement with a refurbished console be treated as equivalent to a repair, reflecting the voluntary agreement among major console makers (Sony, Microsoft, Nintendo) that provides authorised repair centres, a stock of refurbished units, and a typical repair turnaround of less than 14 working days. This approach is presented as both cost‑effective for consumers—repairs or refurbished replacements cost well below a new unit—and beneficial for the circular economy. The paper opposes the parliamentary proposal for mandatory loaned replacements during repairs, citing logistical complexity, fraud risk, and additional environmental burdens from extra shipping. It also welcomes the Commission’s decision to avoid fixed maximum repair times, preferring the “reasonable period of time” standard from Directive (EU) 2019/771, and supports retaining the current two‑year legal guarantee, noting that extending it would yield only 0.3 % CO₂ savings and negligible waste reduction over 15 years while imposing higher costs on firms.
A market‑based pricing regime for repairs is advocated, arguing that price controls would channel demand to manufacturers and marginalise independent repairers. The organization cautions against expanding the scope to include batteries or imposing direct producer liability, recommending that such matters be addressed within the existing Batteries Regulation and consumer‑protection framework to avoid legal uncertainty. Overall, the submission seeks to align the right‑to‑repair rules with proven industry practices, ensuring environmental objectives are met without compromising consumer convenience or market competition.
