By confirming that Airbnb, the housing rental platform, is indeed “an information society service” - and not a real estate agent, the Court of Justice of the European Union (ECJ) on Thursday 19 December delivered a slap in the face to the French hotel sector (judgment C-390/18).
The complaint against Airbnb Ireland, lodged by the French Association for Professional Tourism and Accommodation (AHTOP), alleged that the Irish branch of this US platform was acting as a real estate agent in France. According to the AHTOP, its services went beyond simply putting two parties in contact through its platform. The association therefore demanded that Airbnb be required to hold a professional estate agent’s licence, in accordance with the Hoguet Law, which governs the sector in France.
However, the Court established that the intermediation service provided by Airbnb Ireland met the criteria to be considered an “information society service”, in that Airbnb essentially provides “a tool for presenting and finding accommodation for rent and facilitating the conclusion of future rental agreements”, the judgment states.
The provision of accommodation services is not dependent on Airbnb, which, moreover, does not set or cap the amount of rent demanded by the hosts using its services. Nor do its other services run counter to this finding, the Court also stated.
Finally, the French authorities failed to notify the European Commission that Airbnb would have to obtain a professional licence as an estate agent, in accordance with the Directive on electronic commerce. This omission can be invoked by an individual in the context of criminal proceedings against him or a claim for compensation from a civil party, the Court also clarified.
To consult the ruling: https://bit.ly/2PDDMoz (Original version in French by Hermine Donceel)