To operate in the maintenance market, it is necessary for companies to have access to the wide range of original spare parts supplied by manufacturers as well as the tools and technical information to access the system and deal with any type of fault that may occur. The problem arises in cases where universal and compatible spare parts cannot be found on the market, or in cases, which are quite frequent, where blocking mechanisms are fitted to control panels that prevent access to diagnostics and, at the same time, the manufacturers do not provide the information and devices to allow repairs and restarting of the installation. In these cases, in order to carry out maintenance and/or repairs, all that remains is to contact the manufacturers, who have both the original parts suitable for the required intervention and the necessary tools to allow access to the system. There may therefore be cases where companies are forced to decline maintenance and/or repairs either because they are unable or late in obtaining original spare parts (which, moreover, are often supplied at very high prices), or because they do not provide the necessary devices or software to remove any blockages. What is the regulatory framework on the subject and what are the possible remedies to remedy these problems? A distinction must be made between cases of non-delivery of original spare parts and those of nondelivery of tools and devices for accessing the installation. SPARE PARTS As far as spare parts are concerned, in our legal system there is no obligation on the seller to keep them available for a certain period of time. In the case of sales between professionals (B2B relationship), there is a legal warranty (Art. 1492 of the Civil Code) lasting one year on the basis of which the buyer may, at his option, request termination of the contract or a price reduction (therefore the rule is not useful), while a conventional warranty may be agreed between the parties, which provides the seller with the obligation to repair and make spare parts available for a certain period of time (therefore the buyer would be entitled to have the spare parts by virtue of the contractual terms and conditions signed). If the installation relationship qualifies as a contract, the legal warranty (Art. 1668 of the Civil Code) lasting two years provides for the elimination of the defect by the contractor or the reduction of the price and as a last remedy the termination of the contract. A broader contractual warranty may also be envisaged here. In the case of relations between a professional and a consumer (B2C), the rules of the Consumer Code (Art. 128 - 135f) apply, which provide for a two-year legal warranty that is divided into four solutions (repair, replacement, termination of the contract with reimbursement of the price paid, and price reduction). If replacement is chosen, it is obvious that the manufacturer is obliged to keep the spare parts for at least two years after delivery. Even in this case, the parties may provide for a longer conventional warranty. It is therefore advisable, as a general rule, when installing the lift, to amend the contractual conditions by asking the seller/supplier for a long-term guarantee on the provision of spare parts. The EU Directive 2024/1799 On this topic we would like to point out the recent EU Directive 2024/1799 of 13/6/2024 on rules promoting the repair of goods, which applies, however, only to relations between professionals and consumers (B2C). The Directive, which has to be transposed into the laws of the Member States within 24 months after its enactment, provides a set of rules on the obligation to repair goods at reasonable prices and is applicable when one of the parties to the relationship is a consumer. The text of the Directive remains ambiguous on access to spare parts, as there is no real obligation to maintain and supply them. On this point, Article 5(4) merely states that ‘manufacturers who make spare parts and tools available for goods covered by legal acts of the Union listed in Annex II shall offer them at a reasonable price that does not discourage repair’. Among the goods covered by the provision are also electronic displays as far as may be relevant here. Manufacturers, who often charge high prices for spare parts, will therefore have to make spare parts available at a reasonable price. IN THE LIFT SECTOR, ACCESS TO ORIGINAL SPARE PARTS AND DIAGNOSTIC TOOLS IS OFTEN HINDERED. THIS ARTICLE ANALYSES THE ITALIAN REGULATORY FRAMEWORK WITH REFERENCES TO THE EUROPEAN ONE, HIGHLIGHTING CURRENT LIMITS, RECENT DIRECTIVES AND GOOD PRACTICES ALREADY ADOPTED IN OTHER COUNTRIES Lift maintenance: the right to repair between standards, obstacles and perspectives 70 L’AVVOCATO RISPONDE DI COSTANZA NUCCI ED EDOARDO TOSCANI*
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