Towards a circular economy in EU consumer markets: Legal possibilities and legal challenges and the Dutch example

How can consumer law be used in support of the development of the circular economy in the EU, and which legal challenges need to be overcome? This article seeks to answer that question on the basis of an analysis of the trade-offs that need to be made between consumer protection and sustainability goals in consumer markets. To demarcate the scope of the enquiry, we focus on prevalent business models in consumer markets, in which examples are drawn from experiences in the Netherlands. The analysis of business models reveals three aspects to which regulation may be directed: durability, return, and (shared) use vs. ownership. The article examines how consumer law can be tailored to support the pursuit of these sustainability goals whilst safeguarding consumer protection rights.