In the European Union, if a customer gets a repair performed, does he have the right to request the broken / replaced parts?

For example: if you get a phone screen repaired, do you have a right to request the broken screen?

My belief is that the broken part is your property.

If the merchant can't provide the broken part, can you request to be compensated for its value (as a broken part that could be reconditioned, recycled, etc)?

  • Of course you can request... I've so far met these 3 situations a) sure, and the repair will be a bit cheaper as we won't charge you for disposal of waste. b) sure - here your are. c) sure. But usually the old part is traded in by the manufacturer, so it's an additional xxx € which you'll get back if you decide to hand in the old part. I can also imagine d) if you request the mercury from your old fever thermometer, you probably won't get that because of the EU mercury regulation. – cbeleites unhappy with SX Jan 25 '19 at 1:21

You get the parts back if that's what your contract with the repairer says. If the contract is silent on this (as most are) then the implied term would probably be that you do not get the parts back.

Your contract is for them to repair and return the widget - parts replaced in the widget are no longer part of your widget. They are no longer your property because title in them was exchanged for the new parts. The repairer is obliged to dispose of the parts in accordance with the law and, if they can turn that to their advantage by turning them into something of value, good for them.

  • There's also the point that in the EU, many industries are required to ensure the ethical and environmentally acceptable disposal of waste, which they often cannot do if the replaced part is returned to the customer for their own disposal. – user4210 Jan 10 '19 at 9:00
  • "Your contract is for them to repair and return the widget - parts replaced in the widget are no longer part of your widget" so this comes down to wording with them instead of legislation? (I understand the disposal of waste, but I think that's a different issue) – Thomas Jan 10 '19 at 9:58

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