The EU court of justice advocate general: Airbnb is no bostadsförmedlare

Airbnbs, whose activities are being questioned in many touristy cities, may, until further notice, continue to convey the temporary housing. The EU court of justice advocate general Maciej Szpunar has opined in a case that is located in a French court. He does not believe that the Airbnbs services covered by the French legislation for the real estate agent, who provides housing for both sale and rental.

Maciej Szpunar will forward to a service that digitally connects guests with the rental company for korttidshyrning is just an information service, evidenced by a press release from the EUROPEAN court of justice. A crucial factor is that Airbnb do not have full control over the entire process between the landlord and the guest.

another important factor is that information services may operate freely within the EU. If France wants to limit such a service, you must first notify the EUROPEAN commission and also contact the member state in which the information service has its place of residence.

has received many international cities, like New York, Paris and Barcelona, to introduce new and tougher rules governing private and commercial rental. This is to avoid the tourists will crowd out the permanent residents in the popular cities.

In the French case, it is a hotel and tourism organisation who took Airbnb to court.

What is the significance of the advocate general's opinion has for the other EU countries remains to be seen. His statement is a recommendation to the court on what decision it is ultimately to take. Often, but not always, follows the court of justice the advocate general's recommendation. It is however expected to take several months before the court will make its decision, which cannot be appealed by the parties in the case.

Maciej Szpunar was also the opinion of advocate general in a case last year concerning taxitjänsten Uber. Then went Uber on the setback. The company claimed that it was a provider of digital services, while the court came to the conclusion that Uber was a carrier, and must follow the regulations in the industry.

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