The Transition from Mobility Ownership to Mobility Usership: Is EU Consumer Law Pushing the Brakes?

The growing call for ecologically responsible consumer choices, driven by greater awareness of the environmental and social consequences, is impacting consumer rights. This study explores the rights of consumers amid the mobility transition from ownership to usership within the circular economy. By means of an analysis of specific EU directives and their implementation in the Netherlands, Belgium, Germany, and France, this study analyses whether, and to what extent, the protection of consumers of mobility usership is equivalent to that of consumers in traditional sales contracts. Furthermore, it includes an empirical analysis of the level of self-regulation within the Member States, consisting of a comprehensive analysis of the general terms and conditions of providers of mobility usership. The findings suggest that inequivalent protection exists for consumers of mobility usership due to both the ratione personae and ratione materiae scope of the directives. Although inequivalences may not necessarily pose significant problems, a mutatis mutandis assessment of the rules is important to consider the ratio legis of the legal rule, while ensuring that the rule remains proportional and practically possible. Furthermore, empirical findings show that the mobility usership sector sometimes enhances protection to levels comparable to those for traditional sales. This study sheds light on consumer rights and the mobility transition from ownership to usership in the circular economy and its results could be valuable for academics in the field of consumer law, policymakers involved in the transition from ownership to usership, and providers and consumers of mobility usership. Josje de Vogel is an assistant professor affiliated with the Department of Law & Business at Erasmus School of Law, Erasmus University Rotterdam.