LUXEMBOURG (Reuters) – the U.S. homesharing site Airbnb, on Thursday won a battle to continue to be exempt from the loss-making European-owned rules, such as the european union’s top court said it is a web-based platform, and is not a property of the agent.
FILE PHOTO: A woman talks on the phone at the Airbnb office is located in the SOMA district of San Francisco, California, USA, August 2, 2016. REUTERS/Joe Lurie/File Photo
The case came before the Court of justice of the court of Justice of the European Union (CJEU) in response to a complaint from the French association of tourism AHTOP.
The issue highlights the dilemma the regulators face in dealing with a new on-line services are venturing into traditional businesses, but it is not subject to the same rules and regulations.
For Airbnb, in the French case, it is of interest that the International Olympic Committee, has approved the promotion of the company as at and for the accommodation during the Olympic games in 2024 in Paris, france.
Judges are, in essence, accepted the company’s arguments that it is a web-based platform, and is not a property of the agent.
“The nature of the relationship between the mediation services and the provision of the accommodation does not justify the departure from the format of the mediation service, a service of the information society”,” the european COURT of justice has said.
The court also criticized France for failing to report to the European Commission, the EU’s executive, the requirement for Airbnb to hold an estate agent’s professional license.
Airbnb welcomed the decision.
“We want to be good partners to everyone we have worked with more than 500 governments, to help the hosts to share their homes, to follow the rules and pay taxes,” he said in a statement.
Airbnb has had in the last few years, dueled with the hotel staff and the authorities in the towns and cities from New York to london, Berlin and Paris, he was accused of the deterioration of the housing and push the lower income residents.
In the case of the C-390/18 Airbnb in Ireland.
Reporting by Michele Sinner; Writing by Foo Yun Chee; Editing by Mark Potter