From 2025, businesses involved in the production or distribution of consumer goods in Hungary must comply with stricter rules regarding manufacturer warranty. These regulations stem from EU Directive 2019/771 and were first implemented through Government Decree No. 373/2021 (VI.30.), which entered into force on 1 January 2022.
Major Changes in Consumer Sales Contracts
The transposition of EU Directive 2019/771 has significantly reshaped the legal framework for consumer sales contracts in Hungary. The rules apply not only to retailers but also directly to manufacturers, particularly those who offer commercial guarantees (manufacturer warranties) concerning the durability of their products.
What Must Be Included in a Manufacturer Warranty Statement in 2025?
Under the current rules, manufacturers who provide a warranty – including any claims made in advertising – must issue a manufacturer warranty statement that meets the following requirements:
– It must be written in Hungarian,
– It must be clear and easily understandable, and
– It must include specific, legally required content.
The manufacturer warranty statement must specify:
– The name and address of the warrantor (manufacturer),
– A clear description of the product covered by the warranty,
– The duration and conditions of the warranty,
– The procedure the consumer must follow to make a claim, and
– A clear declaration that the warranty does not affect the consumer’s statutory rights (i.e., rights under legal guarantee laws).
How Is “Durability” Defined?
According to the regulation, *durability* refers to a product’s ability to maintain its required functions and performance under normal use for a given period. If the manufacturer guarantees durability, they also bear the burden of proof in the event of product failure within that period.
Manufacturer Warranty vs. Product Liability – A Crucial Difference
There is a critical distinction between:
– Product liability, where the consumer must prove the defect existed at the time of delivery,
– and a manufacturer warranty, where the manufacturer must prove that the defect arose after delivery, such as due to improper use or handling by the consumer.
This shift significantly increases the legal obligations of manufacturers, especially when longer warranty periods are offered.
When Is the Manufacturer Exempt from Liability?
The manufacturer can only be released from warranty obligations if they can prove that the defect occurred after performance, such as through misuse or improper handling by the consumer.
Do Not Confuse Manufacturer Warranties with Statutory (Mandatory) Warranties
In Hungary, statutory warranties are long-established and:
– Apply to retailers,
– Cover certain durable consumer goods,
– Depend on the sales price, with warranty periods of 1, 2, or 3 years, or longer in case of newly built real estate.
In contrast, a manufacturer warranty is:
– Voluntary,
– May be shorter or longer than the mandatory statutory period,
– Often part of the manufacturer’s marketing strategy.
Key Takeaway for 2025: Act in Time
Given the complexity of the current legal environment, manufacturers and distributors are strongly advised to review their warranty policies and documentation, update consumer communication practices, and train staff accordingly – to ensure compliance and minimize legal risk.
—Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)
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Katona és Társai Ügyvédi Társulás
(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association)
H-106 Budapest, Tündérfürt utca 4.
Tel.: +36 1 225 25 30
Mobil: + 36 70 344 0388
Fax: +36 1 700 27 57