We do not know which remedy we must offer in a recall

Before the General Product Safety Regulation (EU) 2023/988, what a consumer received in a recall depended on the company. Since 13 December 2024, Article 37 sets a floor. In the case of a product safety recall, whether initiated by an economic operator or ordered by a national authority, the economic operator responsible for the recall must offer the consumer an effective, cost-free and timely remedy (Article 37(1)). The article applies without prejudice to Directives (EU) 2019/770 and (EU) 2019/771, so the consumer's rights under the legal guarantee stay where they are.^[1]

The core rule is a choice. Without prejudice to other remedies the operator may offer, the consumer chooses between at least two of: repair of the recalled product; replacement with a safe one of the same type and at least the same value and quality; or an adequate refund of the value of the recalled product, at least equal to the price paid (Article 37(2)). Offering only one remedy is an exception, allowed where the others would be impossible or would impose disproportionate costs on the operator, taking all circumstances into account, including whether the alternative could be provided without significant inconvenience to the consumer. Whatever is offered, the consumer is always entitled to a refund when repair or replacement is not completed within a reasonable time and without significant inconvenience.^[1]

The article also closes the usual escape routes. Repair by the consumer counts as an effective remedy only where it can be carried out easily and safely and is envisaged in the recall notice, and the operator then supplies the instructions, free replacement parts or software updates (Article 37(3)). Disposal by the consumer may only be asked for where it is easy and safe, and does not affect the right to a refund or replacement (Article 37(4)). The consumer never bears the cost of shipping or returning the product, and products that are not portable by nature are collected (Article 37(5)).^[1]

The remedy is tied to the rest of the recall. The recall notice must contain a clear description of the remedies available under Article 37 (Article 36(2)(e)), so the remedy decision comes before the notice is written. Authorities may ask for regular progress reports and decide whether or when the corrective measure can be considered completed (Article 15(6)), and where an operator's action is inadequate they can order the recall themselves (Regulation (EU) 2019/1020, Article 16(3) and 16(5), applied by GPSR Article 23(1)).^[1][2]