A new ruling by a judge in the Subdistrict Court of Amsterdam has mandated that Apple can not replace a broken iPad unit with a "remanufactured" device, and must supply the plaintiff with an entirely new iPad instead. The case stems from a woman who purchased an iPad Air 2 with AppleCare back in 2015, and subsequently faced problems with the device's Wi-Fi around four months later.

Apple then supplied the woman with a remanufactured version of the iPad, which Apple said is a process by which the company reconstitutes damaged products by using "the same production and inspection procedures" as it does for brand new devices. The woman disagreed with Apple's methods of replacing her iPad and took the company to court, with Tweakers [Google Translate] reporting that she "was not satisfied" with the remanufactured device she was given under AppleCare.

ipad air 2 group
The Dutch judge has now ruled in agreement with the plaintiff, stating that a remanufactured version of the iPad is not enough. The judge said that the purchase state of the original iPad is what should be looked at when considering replacement devices, meaning an iPad purchased as remanufactured could be replaced with a remanufactured iPad, although it's unclear how -- or if -- purchasing a remanufactured iPad is even possible.

But an iPad purchased brand new -- as is the case here -- should be replaced with a new iPad. The Amsterdam court goes into more detail in a briefing posted online recently, translated from Dutch:

If a plaintiff had purchased a refurbished or replacement iPad, Apple may replace it with a refurbished or replacement copy, but if the consumer, as in this case, purchased a new iPad, she is entitled to a new iPad as a replacement."

A similar case passed through the Dutch courts last summer, wherein another Dutch woman sued Apple for refusing to replace her broken iPhone 6 Plus with a brand new model. The victory nullified the purchase agreement that the woman made with Apple, and ordered the company to refund the woman the full €799 that she paid for the iPhone. In short order, that case set a precedent for the future of similar cases in the country, placing a stain on "refurbished" devices sold by Apple, leading the company to use "remanufactured" ones instead.

Although the terms are sometimes used interchangeably, refurbished refers to the redistribution of used products to consumers at a slightly reduced cost, after they first go through a process that ensures their quality is ready for the market. Remanufacturing is generally a more rigorous and expensive process for companies to go through -- which is one of Apple's arguments in the Dutch case -- as it requires a level of specifications to be met that are as high-standard as they were for the original product.

The argument hasn't worked for Apple, and the judge has now ruled that Apple has to pay the woman in question €100 for every day that she was left without the new replacement iPad.

Top Rated Comments

richardsonrs Avatar
112 months ago
I agree with this. I didn't buy a refurb device. I bought a new device and it didn't work properly, it should be replaced with a new device.
Score: 31 Votes (Like | Disagree)
err404 Avatar
112 months ago
I hope this doesn't become standard practice. Quality refurbishing is fine and helps minimize e-waste.
I would be surprised if she could even detect a refurb vs a new device without being told.
Score: 22 Votes (Like | Disagree)
talmy Avatar
112 months ago
This is actually bad news for consumers because it will unnecessarily drive up prices of new goods. Unless the iPad was DOA, it was a used product when it went in for repair, and expecting a brand new replacement is unrealistic.

The inability to make repairs down at the individual component level is what led manufactures to have replacement, refurbished sub assemblies or entire replacement units. I first started seeing refurbished subassemblies in the 1960's. Prior to that circuits were simpler, there were more qualified repair technicians, and labor costs were relatively lower, and repairs were made at the component level. Nobody with a 1950's TV set going in for repair would get back a new TV, it would be 99% their old one and 1% the replacement part.
Score: 13 Votes (Like | Disagree)
H2SO4 Avatar
112 months ago
I imagine they'll also rule the same for, oh I don't know, every other OEM? A Samsung device, or an HP laptop: no refurb parts or no refurb devices allowed and it has to be brand-new? Reckon that ruling will extend to all others?

Yeah, I didn't think so.



Now this is absolutely ludicrous. The cost for that would easily exceed the price of a new iPad in the first place. What kind of toilet brush judge was ruling this? Did the claimant have emotional distress for the duration of their working-fine-but-it's-not-brand-new-so-therefore-I'm-dissatisfied device?

Unbelievable.
She bought a new device, not a remanufactured one. Apple are getting a slap because they took the piss. Let it go.
If the remanufactured ones are as good as new, (or better than that according to some), then why don’t Apple sell remanufactured devices alongside new ones in the shop? In fact the 'better than new thoroughly tested second hand ones' could even have a longer warranty as they’ve been tested more rigorously?

Strangely I wonder how Apple would react if Samsung told Timmy that he was to get remanufactured screens intermixed with new ones.
Score: 13 Votes (Like | Disagree)
csurfr Avatar
112 months ago
Seems easy enough for Apple to deal with this. No more replacements in store. You bring them the iPad they ship if out for repair. Nothing says they *have* to replace it, right? AppleCare states "replace or repair".

So much for your convenience.
Score: 9 Votes (Like | Disagree)
err404 Avatar
112 months ago
I agree with this. I didn't buy a refurb device. I bought a new device and it didn't work properly, it should be replaced with a new device.
What is going on in your head that enables you to look at two subjectively identical devices that only differ in the box which they were shipped and judge one as inferior because parts in it may have been around the block in the past.
I would understand your point if we were taking about a store return that was shrink wrapped and stuck back on the shelf, but that is not what Apple is doing.
Score: 9 Votes (Like | Disagree)

Popular Stories

m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
iOS 26

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
All Screen iPhone 2027 Feature 1

Apple to Hide Selfie Camera Under Display of 20th Anniversary iPhone

Monday November 10, 2025 1:55 am PST by
Apple will conceal the front-facing camera under the screen of its 2027 iPhone, a Chinese leaker said today, corroborating reports that Apple's 20th anniversary iPhone will have no visible cutouts in the display. Weibo-based account Digital Chat Station said Apple's development of under-screen camera technology was progressing as planned for adoption in 2027, one year after it will...
iphone pocket%402x

Apple Debuts iPhone Pocket, a Limited Edition iPod Sock-Style Accessory

Tuesday November 11, 2025 1:23 am PST by
Apple has teamed up with Japanese fashion house ISSEY MIYAKE to launch iPhone Pocket, a 3D-knitted limited edition accessory designed to carry an iPhone, AirPods, and other everyday items. The accessory is like a stretchy pocket, not unlike an iPod Sock, but elongated to form a strap made of a ribbed, elastic textile that fully encloses an iPhone yet allows you to glimpse the display...
iphone air thinness

iPhone Air Sales Are So Bad That Apple's Delaying the Next-Generation Version

Monday November 10, 2025 11:41 am PST by
The thin, light iPhone Air sold so poorly that Apple has decided to delay the launch of the next-generation iPhone Air that was scheduled to come out alongside the iPhone 18 Pro, reports The Information. Apple initially planned to release a new iPhone Air in fall 2026, but now that's not going to happen. Since the iPhone Air launched in September, there have been reports of poor sales...
homepod mini colors

New HomePod Mini Coming Soon With These Features

Tuesday November 11, 2025 7:30 am PST by
Apple is expected to announce a new HomePod mini imminently, headlining with new chips. Here are all of the new features we're expecting. The second-generation HomePod mini is highly likely to contain a more up-to-date chip for more advanced computational audio and improved responsiveness. The current HomePod mini is equipped with the Apple Watch Series 5's S5 chip from 2019. Apple is likely ...
ios 26 digital id passport wallet

Apple Announces Launch of U.S. Passport Feature in iPhone's Wallet App

Wednesday November 12, 2025 9:15 am PST by
Apple today announced that iPhone users can now create a Digital ID in the Apple Wallet app based on information from their U.S. passport. To create and present a Digital ID based on a U.S. passport, you need: An iPhone 11 or later running iOS 26.1 or later, or an Apple Watch Series 6 or later running watchOS 26.1 or later Face ID or Touch ID and Bluetooth turned on An Apple Account ...
iphone black friday gold

The Best Early Black Friday iPhone Deals

Monday November 10, 2025 10:18 am PST by
Cellular carriers have always offered big savings on the newest iPhone models during the holidays, and Black Friday 2025 sales have kicked off at AT&T, Verizon, T-Mobile, and more. Right now we're tracking notable offers on the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air. For even more savings, keep an eye on older models during the holiday shopping season. Note: MacRumors is...
Early Black Friday Deals 1

The Best Early Black Friday Apple Deals on AirPods, Apple Watch, iPad, and More

Saturday November 8, 2025 6:16 am PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
homepod mini thumb feature

New HomePod Mini, Apple TV, and AirTag Were Expected This Year — Where Are They?

Wednesday November 12, 2025 11:42 am PST by
While it was rumored that Apple planned to release new versions of the HomePod mini, Apple TV, and AirTag this year, it is no longer clear if that will still happen. Back in January, Bloomberg's Mark Gurman said Apple planned to release new HomePod mini and Apple TV models "toward the end of the year," while he at one point expected a new AirTag to launch "around the middle of 2025." Yet,...