The multidimensionality of the collaborative economy in the light of the constitutional relations between the EU and the member states

Abstract

Some platforms in the collaborative economy offer a combination of sectoral and information society services, which characterises them as a hybrid entity. The concurrent provision of disparate types of services necessitates the determination of the predominant activity of a given platform on a case-by-case basis. This, in turn, gives rise to legal uncertainty and inconsistent case law at the national level. This paper examines the impact of the choice of institutional alternatives in the context of multilevel governance in the EU on the legal status of collaborative economy business models such as Uber and Airbnb in the EU single market. The paper employs a mixed-methods research approach to analyse pivotal jurisprudential decisions of the Court of Justice of the European Union (CJEU) and national courts. It reaches the conclusion that the Airbnb platform, in its capacity as an information society service provider, is subject to the provisions of the Electronic Commerce Directive (2000/31/EC). Conversely, Uber, by virtue of its definition as a transport undertaking, is subject to shared jurisdiction between EU institutions and Member States in the field of transport services. This paper initiates a discussion on the suitability of the extant regulatory apparatus and underscores the necessity for the establishment of an appropriate institutional framework, either centralised at the EU level or decentralised at the level of Member States, that would provide substantive rules aimed at comprehensively regulating the legal status of hybrid business models, thus allowing for more uniform conditions for their operation in the EU single market.