Key housing

and

Repair clause.

29. October 2025

from

Clemens Pfitzer

Can you copy car key housings – or does that infringe the manufacturer’s design protection?
The Federal Court of Justice has ruled on this in a design dispute, focusing in particular on the differences between old and new design law. The focus is on the so-called repair clause and the question of when spare parts actually count as “repair components”.

A dispute over a spare part with a signal effect

The case began with an inconspicuous car part: a black plastic housing for a vehicle key. The owner of a registered Community design was of the opinion that an online retailer was infringing her design right by selling identical replacement key housings.

The retailer defended itself by arguing that its product was used exclusively to repair damaged keys and therefore fell under the so-called repair clause. This rule allows the reproduction of certain spare parts if they are only used to restore the original appearance of a product.

After the Regional Court and the Higher Regional Court of Düsseldorf had ruled in favor of the design owner, the case finally landed at the Federal Court of Justice – and the latter ruled in a differentiated manner: partly confirmation, partly correction, but above all a readjustment of the legal situation in light of the new EU design law.

Repair clause: From the old to the new law

Until April 30, 2025, the old Community Design Regulation (CDR) applied in the European Union. It contained a broad repair clause: spare parts could be reproduced if they were used to repair a complex product in order to restore its original appearance. This meant that parts with no specific shape – i.e. those whose shape is not necessarily predetermined by the overall product – were also privileged.

The comprehensive EU design law reform came into force on May 1, 2025: the Community design became the EU design. The new regulation also brought an amended repair clause in Article 20a CDR.
The innovation: Only shape-related spare parts are now covered, i.e. those whose design is dependent on the appearance of the overall product – such as car body parts.

Since then, parts that are not bound to a specific shape, such as housings, rims or keys, are no longer automatically protected by the freedom to repair.

The Federal Court of Justice draws clear lines

The Federal Court of Justice in its Judgment of 09.10.2025 – Ref. I ZR 116/24 The Court of Justice of the European Communities (CJEU) took up this transition from the old to the new law and formulated principles that go far beyond individual cases.
First of all, the Senate clarified that the key housing is basically a component of a complex product, namely the motor vehicle key. It could therefore fall under the old repair clause – but only if the supplier complies with the duties of care developed by the ECJ.

The defendant did not do this. Its website did not contain any clear indications that:

• the spare part uses a different design,
• and is intended exclusively for repair.

A reference such as “1:1 replacement housing – TOP price + performance” was not sufficient. The defendant had thus breached its duty to provide information and infringed the plaintiff’s design right.

However, the injunctive relief ended on April 30, 2025, as the legal situation changed fundamentally when the new regulation came into force: the key housing is no longer covered by the new narrower repair clause, as it is not a replacement part with a specific shape. This removed the risk of repetition – and the injunctive relief expired.

The new repair freedom: narrower but clearer

The ruling shows: Although the Federal Court of Justice remains in line with the ECJ, it draws the consequences of the EU law reform. The old, broadly worded repair clause permitted the reproduction of visually identical but non-form-fitting spare parts – but only subject to strict information requirements. The new provision restricts this scope considerably.

Under the new law, only the reproduction of parts whose shape is dictated by the shape of the overall product is permitted – such as headlights, bumpers or radiator grilles, which must match the shape of the vehicle. A key housing, on the other hand, determines the appearance of the key itself and is therefore not shape-dependent. It therefore continues to enjoy design protection.

In addition, the new law contains a relaxed but clearly defined information obligation: Suppliers must visibly inform consumers about the commercial origin and identity of the manufacturer in order to enable an “informed choice” between spare parts.

Practical consequences for manufacturers and spare parts suppliers

The ruling has a significant impact on the spare parts market:
Companies that sell spare parts or accessories will have to check particularly closely in future whether their products are form-bound and whether they provide all the necessary information.

Before May 1, 2025, the following applied:
Spare parts not bound to a specific form could also benefit from the repair clause, provided they were offered exclusively for the purpose of restoring the original and were correctly labeled.

Since May 1, 2025, the following applies:
Only shape-bound spare parts are privileged. Anyone offering products without a specific shape, such as key housings, hubcaps, housing parts or decorative vehicle components, must expect design protection claims.

For design owners – especially in the automotive industry – the ruling therefore means a certain all-clear, as their property rights tend to be strengthened under the new law.

For spare parts dealers, on the other hand, the following applies: more transparency, more obligation to inspect, less legal leeway.

Conclusion

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