You know exactly that batteries are a different category (consumables) for which the six-year rule doesn't apply. You know exactly that rechargeable batteries don't get replaced routinely for free during this six-year period in any kind of consumer product in the EU. You don't have an example and if this were applicable law, you know exactly that this would be widely known and there would be tons of examples.
You probably have set your mind to that the throttling means that the product doesn't fulfil its original specifications. And you are right. But you forget that Apple can (and will shortly) allow users to switch off the throttling. Without throttling, you just have a battery looses performance fairly early (after as little as about a year). There might be an argument that for devices between one and two years old, the battery shouldn't have lost too much performance. But nobody can make an argument that a rechargeable battery should last six years without any significant performance decrease.
Here is an
introduction to "The Sale and Supply of Goods to Consumers Regulations 2002" written by the Department of Trade and Industry. A few relevant quotes are:
- This does not mean all goods have to last six years! It is the limit for making a claim in respect of a fault that was present at the time of sale.
- He would find a court unsympathetic in the latter years for low cost items [...] or for consumables like oil filters which have a specified limited lifespan.
- Similarly, when a watch stops because a battery has come to the end of its life – assuming it had lasted a reasonable time - there are no grounds for complaint that the watch is not conforming to contract.
