Brussels (AFP)
European justice granted Thursday a victory to Airbnb against a French hotel organization, which now calls on the authorities to regulate the competition of the platform in France, its second market in the world.
The Court of Luxembourg considered that the platform of tourist rentals between individuals could not be forced to comply with the rules of the profession of real estate agent, as argued by the Association for accommodation and professional tourism (AhTop) at origin of the case.
The Court held that the activity of Airbnb Ireland, the company which manages the platform's activities in Europe, was a service covered by a European directive of 2000 on electronic commerce.
"An intermediation service which aims, by means of an electronic platform, to connect, against remuneration, potential tenants with professional or non-professional rental companies offering short-term accommodation services, while providing also a certain number of ancillary services to this intermediation service, must be qualified as "information society service" falling under Directive 2000/31 ", explained the Court.
The association of French hoteliers had filed in 2017 a complaint with constitution of civil party against the platform. She accuses him of violating the French rules applicable to real estate agents (Hoguet law) by practicing without a professional card.
The Luxembourg-based court, questioned in the context of this complaint by a Paris investigating judge, followed the conclusions of its advocate general.
It held that Airbnb could contest the application of measures restricting the freedom to provide services such as those of the Hoguet law, to the extent that this law had not been notified by the French State under the conditions provided for by the European directive.
- "Blanc-seing" -
"The Hoguet law did not give rise to notification by the French Republic either to the Commission or to the Member State of establishment of Airbnb Ireland, namely Ireland", noted the European court.
Airbnb welcomed this decision. "We welcome this judgment and want to move forward by continuing to work with cities on clear rules that allow families and local communities to become actors of sustainable tourism", responded the platform in a statement sent to AFP.
The AhTop for its part, told AFP, that the Court's judgment was a "blank check for Airbnb", and pinned the European directive on which it is based. "It poses a major risk to players in the real economy, the only job creators, who bear the brunt of competition from platforms," deplores the association.
Its president Serge Cachan considered "urgent that the government make its voice heard in the coming months to radically transform the rules of competition in the European Union". He also indicated that it was up to the French state to "comply with European rules so that (the) measures (of Hoguet law) can be applicable to Airbnb Ireland".
The Court of Justice of the EU will have to rule on another case concerning Airbnb: it has been seized of an appeal against French law which conditions the rental of certain accommodation on platforms to obtain a prior authorization from the town hall in major cities such as Paris. The Advocate General's conclusions are expected in February.
In intramural Paris, Airbnb offers some 65,000 accommodations, while the hotel offer is 80,000 rooms in the capital.
Across France, the second market for Airbnb after the United States, more than 600,000 accommodations are the subject of an announcement on the platform.
A year ago, the main hotel federation in France, the Union of hotel trades and industries (Umih), sued the platform before the Paris Commercial Court for "unfair competition", saying that it "knowingly violates" the regulations that govern its activity. The judgment is expected during 2020.
As for the City of Paris, last month it called for a "political response" to better protect hotels in the face of the general "destabilization" of the housing market in particular, caused by the platform.
© 2019 AFP