Airbnb Ireland (electronic commerce - National legislation imposing certain restrictions on the exercise of the profession of real estate agent - Judgment) [2019] EUECJ C-390/18 (19 December 2019)

Airbnb Ireland (electronic commerce - National legislation imposing certain restrictions on the exercise of the profession of real estate agent - Judgment) [2019] EUECJ C-390/18 (19 December 2019)

Airbnb Ireland's platform is an 'information society service' under Directive 2000/31/EC, and French licensing requirements (Hoguet Law) restricting such services are unenforceable against Airbnb Ireland due to lack of notification to the Commission and Ireland as required by Article 3(4)(b) of Directive 2000/31/EC.

Citation
[2019] EUECJ C-390/18
Parties
Defendant: Airbnb Ireland UC; Complainant: Association pour un hébergement et un tourisme professionnels (AHTOP); Prosecutor: Public Prosecutor attached to the Tribunal de grande instance de Paris
Jurisdiction
European Union
Judgment Date
19 December 2019
Procedural Posture
Criminal Proceedings With Ancillary Civil Action / Preliminary Ruling
Outcome
Preliminary ruling issued; national restrictive measures unenforceable against Airbnb Ireland.
Legal Topics
Directive 2000/31/ec, Information Society Services, Freedom to Provide Services, Notification Obligations, Professional Licensing, Intermediation Platforms
EU Law Information Technology Law Criminal Law Directive 2000/31/ec Information Society Services Freedom to Provide Services Notification Obligations Professional Licensing +1 more

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Parties

Airbnb Ireland UC

Defendant

Association pour un hébergement et un tourisme professionnels (AHTOP)

Complainant

Public Prosecutor attached to the Tribunal de grande instance de Paris

Prosecutor

Procedural Posture

Criminal Proceedings With Ancillary Civil Action / Preliminary Ruling

Legal Issues

  1. 1 Whether Airbnb Ireland's platform constitutes an 'information society service' under Directive 2000/31/EC
  2. 2 Whether French professional licensing requirements (Hoguet Law) are enforceable against Airbnb Ireland without notification under Directive 2000/31/EC

Ratio Decidendi

Airbnb Ireland's platform is an 'information society service' under Directive 2000/31/EC, and French licensing requirements (Hoguet Law) restricting such services are unenforceable against Airbnb Ireland due to lack of notification to the Commission and Ireland as required by Article 3(4)(b) of Directive 2000/31/EC.

Court Disposition

Preliminary ruling issued; national restrictive measures unenforceable against Airbnb Ireland.

Orders

  • Airbnb Ireland's platform is classified as an 'information society service' under Directive 2000/31/EC.
  • French Hoguet Law measures restricting Airbnb Ireland's service are unenforceable due to lack of notification under Directive 2000/31/EC.