Travel ECJ confirms French requirements for Airbnb rentals

14:11  22 september  2020
14:11  22 september  2020 Source:   businessinsider.de

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To confirm subscription, we have sent you an email in your Inbox. The Court of Justice of the European Union has confirmed that French housing law is consistent with EU legislation after two Parisian Airbnb owners appealed previous local decisions that ordered them to pay a fine.

The ECJ ruled that Airbnb can be considered "an 'information society service', distinct from the subsequent service to which it relates." But the ruling states that France did not notify the European Commission under the EU directive on electronic commerce of any requirements for rental platforms.

Der EuGH bestätigt französische Auflagen für Airbnb-Vermietungen. © Friso Gentsch / dpa The ECJ confirms French requirements for Airbnb rentals.

In the fight against the housing shortage, EU countries may, if necessary, put a stop to short-term rental via platforms such as Airbnb. The European Court of Justice ruled on a regulation from France on Tuesday. (Case C-724/18)

There, apartment owners in large cities with over 200,000 inhabitants and near Paris need a permit if they regularly rent out furnished apartments at short notice. Two providers did this without the required license and were therefore fined and obliged to convert the rooms back into apartments for long-term rental. You are suing against it in France.

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Online short-term rental platform Airbnb scored a victory against French hoteliers Thursday when the European Court of Justice ruled that the US giant is On Thursday, a panel of ECJ judges ruled that “France cannot require Airbnb to hold an estate agent’s professional licence as it did not notify the

French authorities had argued that its regulations for letting agents applied to Airbnb , but the Airbnb and other websites that let people rent their homes out to holidaymakers have been criticised for Cities across the world have taken steps to regulate the provider, meaning that final a ECJ ruling in its

The French judges dealing with the case asked their EU colleagues in Luxembourg for advice on whether the requirements of the EU Services Directive were in compliance. The ECJ confirmed this in its landmark judgment.

The fact that a permit is required for regular short-term rentals is justified in their view by an “overriding reason in the general interest”, namely the fight against the housing shortage. The authorization requirement is also proportionate, as it is limited to certain landlords and geographically. Apartments that serve the landlord as their own main residence are excluded.

Airbnb announced in its judgment that a majority of their providers in Paris were offering their own apartment for short-term rental and not a second home. Therefore, the platform in Paris is hardly affected by the case. A company spokeswoman emphasized: "We welcome the decision, which will provide clarity for the hosts who share a second home in Paris." The company is looking forward to working with the local authorities on rules that “work for everyone and that focus on local families and society”.

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What are the Airbnb requirements to list your space? We'll walk you through setting up your profile so you become a SuperHost in no time. Types of Accommodations on Airbnb Basic Requirements for Great Hosts Understanding Local Laws and Regulations How to List Your Accommodation.

However, legal restrictions on Airbnb rentals are not uniform and can be confusing. In New York City, for example, it’s illegal to rent an apartment for Hosts are required to register their properties in most jurisdictions. The Airbnb website has a summary of the legal requirements of major cities with links

The Airbnb platform, founded in the USA in 2008, and similar offers are very popular with tourists as an alternative to hotels. For commercial providers, short-term rental for a few nights is usually much more lucrative than longer-term leases. But there is strong criticism in metropolises around the world. Large German cities such as Berlin, Hamburg and Munich are now imposing high fines against the misappropriation of living space.

The French regulation takes precedence over “conversion” with the authorization requirement and leaves the municipalities free to determine the requirements for the license. Among other things, municipalities may require the conversion of other rooms into living space as a condition for short-term rental. The ECJ also confirmed this in principle.

However, French judges must therefore examine in detail whether this actually helps on site to combat the housing shortage. It must also be taken into account whether the compensation obligation is actually to be implemented.

On the way to the stock market, Airbnb unveils its financial results .
© Thibault Camus An employee cleans an apartment for rent on Airbnb in Paris, in 2018. Despite the damage caused by the health crisis at the start of the year, the rental housing company has decided to enter Wall Street. Between July and September, it made a profit by focusing in particular on “domestic tourism”. Airbnb, the peer-to-peer rental platform, is entering the home stretch before it goes public.

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