Commercial guarantee of durability — Commercial guarantee of durability
An extended commercial guarantee that the trader voluntarily offers regarding the product's durability under the ECGT Directive (EU) 2024/825. Substantiable with verifiable criteria (ISO, EN).
Context
The commercial guarantee of durability is the extended commercial guarantee regarding the product's durability that the trader voluntarily offers under the ECGT Directive (EU) 2024/825. If the product fails before the guaranteed period, the consumer is entitled to free repair or replacement.
Regulatory origin
A canonical amendment to Art. 6 of Directive 2005/29/EC introduced by the ECGT Directive (EU) 2024/825 published in OJEU L 6.3.2024.
How the commercial guarantee is substantiated
Durability testing under a recognised standard (ISO, EN).
Historical failure data for similar products.
An explicit duration commitment with documented normal-use conditions.
Transparency about what is and is not covered (normal use vs accident).
Timeline
ECGT Directive published
Amends Art. 6 of Directive 2005/29.
Transposition deadline
Member States transpose it.
Effective application
Commercial guarantees without substance become punishable.
Applied case
A premium footwear textile brand offers a 5-year commercial guarantee of durability on its leather boots line.
Substance: ISO 12947 abrasion-resistance test · the boots pass 60,000 cycles (premium threshold).
Historical data: 2.5 per cent of returns due to failure within 5 years on similar lines.
Clear communication: "5-year commercial guarantee against manufacturing defects · normal use · excludes accidents and cosmetic wear".
Compliance plan: a network of partner cobblers for free repairs + product replacement if repair is not viable.
Common mistakes
A commercial guarantee of durability does NOT replace the legal guarantee of conformity — they are cumulative.
Art. 5(1)(e) CRD as amended requires reminding the consumer of the legal guarantee of conformity in a harmonised notice. Art. 5(1)(ea) requires communicating the commercial guarantee of durability where applicable. The two coexist — the consumer has both rights. A brand that communicates only the commercial guarantee of durability while omitting the legal guarantee breaches Art. 5(1)(e).
The harmonised label obligation is triggered only if the THREE cumulative conditions are met.
Art. 5(1)(ea) CRD as amended verbatim uses the cumulative conjunction: (a) at no additional cost AND (b) covering the entire good AND (c) duration of more than two years. If the guarantee is paid, covers only buttons, or lasts ≤2 years, the commercial guarantee of durability remains valid under Art. 17 Dir. 2019/771 but does not require a specific harmonised label — it is communicated with standard information.
The manufacturer is DIRECTLY liable to the consumer during the commercial guarantee — it is not the seller.
Art. 2 (14a) CRD as amended, in faithful paraphrase: under which the manufacturer is directly liable to the consumer throughout the period of the commercial guarantee of durability for repair or replacement. Unlike the legal guarantee, where the seller is liable, under the commercial guarantee of durability the consumer may turn directly to the manufacturer. For vertically integrated brands (where manufacturer = seller) this distinction is academic; for brands that sell via third-party retailers, it is operationally important.
The harmonised label did not exist before 25 Sep 2025: Reg. 2025/1960 sets its design and it applies from 27 Sep 2026.
Until the adoption of Reg. (EU) 2025/1960 (25 Sep 2025), the obligation to communicate the commercial guarantee of durability via a harmonised label was provided for but the label was not designed. Reg. 2025/1960 Annex II set verbatim components (title "GARAN", tick mark, calendar symbol, reminder, QR code) and it applies from 27 Sep 2026, the same day the ECGT itself enters into national application.
The producer may offer commercial guarantees with different durations for different products — the harmonised label applies product by product.
The "more than two years" condition is assessed per product, not per catalogue. A brand may have some products with a 5-year commercial guarantee (harmonised label applies) and others with a 1-year guarantee (harmonised label does not apply, only the legal guarantee). The communication must substantiate the real duration for each product, not use the label generically.
Frequently asked questions
What is the commercial guarantee of durability?
An extended commercial guarantee regarding the product's durability that the trader voluntarily offers under the ECGT Directive (EU 2024/825). It allows the brand to communicate the product's expected duration with a binding commitment: if it fails sooner, the consumer is entitled to free repair/replacement.
Is the commercial guarantee of durability mandatory under the ECGT?
NOT mandatory under the ECGT Directive (EU) 2024/825. It is a voluntary opt-in. BUT if the trader offers it under the ECGT framework, they must substantiate it with verifiable criteria in accordance with the amended Art. 6 of Directive 2005/29/EC — it cannot be an empty claim. If they offer it and fail to honour it: an unfair commercial practice punishable under Art. 13 of Directive 2005/29 + RDL 24/2021 Spanish transposition (fines up to EUR 1,000,000). An opt-in mechanism with serious consequences if breached.
How is the commercial guarantee of durability substantiated?
By means of: (i) durability testing under a recognised standard (ISO, EN), (ii) historical failure data for similar products, (iii) an explicit duration commitment with documented normal-use conditions, (iv) transparency about what is and is not covered (normal use vs accident).
What is the difference between a commercial guarantee of durability and a harmonised label durability?
A commercial guarantee is the trader's voluntary (private) COMMERCIAL COMMITMENT. A harmonised label durability is the EU HARMONISED durability LABEL (regulatory, similar to the energy label). The harmonised label is provided for in the future via the ESPR; the commercial guarantee is already in force under the ECGT.
Fuentes oficiales
- European Parliament and Council · OJEU OJ L, 6 Mar 202428 feb 2024Directive — legislation in force
- European Parliament and Council · OJEU20 may 2019Base directive
- European Commission · OJEU25 sep 2025Implementing regulation — legislation in force
- European Parliament and Council · OJEU25 oct 2011 (modificada por Dir. 2024/825)Base directive
