Overseas Chambers of Peter Harris

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The CJEU hands down a ruling against AirBNB over Parisian short term lets.

October 5th 2020

The Court of Justice of the European Union has handed down a preliminary ruling against AirBNB concerning short term letting of apartments in Paris.  The ruling was requested by the French Cour de Cassation.

The CJEU was concerned to point out that the public interest exception contained in EU Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market was a real one, and that the aim of the Parisian rules was to ensure that a sufficient supply of long term lettings over residential property in Paris was mantained.

The powers taken up and deployed by the Paris Mairie as to inspection, procedure, notices and fining were not disproportionate given the public interest objective. For a fuller summary of AirBNB's complaints which were rejected by the CJEU, please see the summary at the link below.

Those using the AirBNB platform to let out their Paris flats should take advice, as the French referring Court is likely to follow the ruling.

The full text of the preliminary ruling has yet to be released, but a link to the CJEU press release including the summary can be found here.