Interfacing Private Law with Rita Simon

Interfacing Private Law with Rita Simon (Charles University, Prague)

About the speaker

Rita Simon studied law at the Law Faculty of ELTE University Budapest and holds PhD-degree in Competition Law at the University of Cologne (2005) for her thesis on the competition supporting-regulation of liberalized network industries. She also completed a Master in European and International Law (LL.M.) at the University of Cologne in 2001, and a postgraduate Business Administration Studies at the CorvinusUniversity for Economics, Budapest in 2002. She worked for various German institutions such as the Centre for European Integration Studies, Bonn (Zentrum für Europäische Integrationsforschung, ZEI), Eastern Law Institute, University of Cologne (Institut für Ostrecht), and was Visiting Researcher in 1999-2000 at the Law Centre for European and International Cooperation in Cologne (Rechtszentrum für Europäische und Internationale Zusammenarbeit, RIZ). She served as an associate of the Hungarian Ministry of Justice (Bureau for Civil Law-Codification) and was Trainee within German Federal Cartel Authority. For the PhD-studies she received a research scholar at Konrad Adenauer Foundation (2002-2005), and she was a senior research fellow in Donau-Institut at Andrássy University Budapest in 2013.

Abstract

Repair is increasingly recognized as a key enabler of the transition to a circular economy, alongside activities such as refurbishing, recycling and reusing. Despite this, the past two decades have seen Europe move steadily toward a throw-away society. Statistical evidence reveals a substantial decline in both the demand and supply of repair services of consumer products. This negative trend is especially evident in Eastern Europe, where the COVID-19 pandemic has further strained the repair sector.

Current literature actively debates the causes of the supply-side decline, citing factors such as limited access to spare parts, repair-unfriendly product design, intellectual property constraints, and cybersecurity concerns. On the demand side, issues like consumer convenience and cost are frequently discussed. However, little attention has been paid to the legal right of consumers to opt for product replacement in the event of defects - a remedy enshrined in both European and national legislation.

This paper argues that consumers’ preference for replacement over repair is a critical, yet underexplored, factor contributing to the decline in repair demand in Eastern Europe. This "replacement culture" is reinforced by voluntary business practices and the marginalization of repair within legal warranty frameworks - conditions permitted under the current legal regime. By examining these two structural barriers, rooted in Directive (EU) 2019/771 on consumer sales, the paper assesses whether the newly adopted Directive (EU) 2024/1799 on the repair of goods can effectively promote repair-oriented consumer behaviour in the Visegrad 4 countries.

This study contributes to the broader academic discourse on fostering circular consumption patterns, with a particular emphasis on the role of legal frameworks. The findings from the Visegrad 4 are intended to inform future research and policy development across Europe.

Host or Publisher Amsterdam Centre for Transformative Private Law