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European justice validates French regulation on Airbnb rentals

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The city of Paris won a small victory in the battle between it and Airbnb, after the validation, Tuesday, by the European justice, of the French law which regulates short-term rentals.

This is a first victory for the city ​​of Paris on Airbnb. The Court of Justice of the European Union (CJEU) validated, Tuesday, September 22, the French regulations which subject to authorization the rental of apartments for short periods on platforms like Airbnb, in a dispute between two owners and the Town Hall from Paris.

These two owners, Cali Apartments SCI and HX, lodged an appeal in 2018 against a decision of the Paris Court of Appeal ordering them to pay a fine for having offered studios for rent to a passing clientele. , “without prior authorization and repeatedly”, recalls the CJEU in its judgment published on Tuesday.

The Court of Cassation itself referred the matter to the CJEU to rule on the compatibility of this national regulation with the European directive on services in the internal market.

Tackling the housing shortage

“A national regulation subjecting to authorization the rental, in a repeated manner, of a premises intended for housing for short periods to a passing clientele who do not take up residence there is in accordance with Union law”, section the CJEU.

“The fight against the shortage of housing for long-term rental is a compelling reason in the public interest justifying such regulation,” she explains.

It will be up to the French justice to verify that there is indeed a shortage of housing intended for long-term rental on the territory of the municipalities concerned, adds the CJEU.

“European justice has just validated the French law on the regulation of Airbnb rentals. This decision follows a dispute between the City of Paris and an owner who illegally rented two apartments in the 7th. Nice victory!” welcomed on Twitter the deputy mayor of Paris, in charge of housing, Ian Brossat.

With Reuters




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