European UnionA vehicle was recalled but the fix caused new problems. What are my rights?
If a vehicle recall fix causes new problems, you may be entitled to repair, replacement, price reduction, or termination of the contract under EU consumer law — especially if the defect was not disclosed and the fix worsens the situation.
What the Law Says
EU consumer law guarantees that goods—including vehicles—must conform to the contract at the time of delivery. When a recall fix introduces new non-conformities, it may breach this requirement, triggering remedies under the Consumer Sales and Guarantees Directive.
Under Directive 1999/44/EC (as amended and incorporated into national laws across the EU), consumers have a legal guarantee of conformity for at least two years from delivery. This means the vehicle must be fit for purpose, match its description, and be free of defects — including those arising from faulty recall repairs.
If a recall repair causes new problems — such as engine failure, braking issues, or software malfunctions — this may constitute a lack of conformity. The seller (e.g., car dealer or manufacturer acting as seller) remains liable, even if the original defect was addressed.
Consumers are entitled to have the lack of conformity remedied free of charge by repair or replacement. If neither is possible, proportionate, or timely, you may request a price reduction or termination of the contract with full or partial refund.
Statutory TextThe seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
— Directive 1999/44/EC, Art. 3(1)
Statutory TextThe consumer may require the seller to repair the goods or replace them, free of charge, unless this is impossible or disproportionate.
— Directive 1999/44/EC, Art. 3(3)
Statutory TextWhere the lack of conformity becomes apparent within six months of delivery, it shall be presumed that it existed at the time of delivery.
— Directive 1999/44/EC, Art. 5(3)
What to Do
Contact the seller (e.g., dealership or manufacturer) in writing, clearly describing the new problem caused by the recall fix and requesting free repair or replacement.
If the seller refuses or fails to act within a reasonable time (generally 14 days), escalate to your national consumer authority (e.g., BEUC member organisation or national enforcement body).
Keep all evidence: recall notice, service records, photos/videos of new issues, correspondence, and receipts.
If unresolved, consider filing a complaint via the EU’s Online Dispute Resolution (ODR) platform or initiating small claims proceedings in your Member State.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.