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The
case came before the Court of Justice of the European Union (CJEU)
following a complaint by French tourism association AHTOP.
The issue underlines the quandary regulators face in dealing
with new online services venturing into traditional businesses,
but not subjected to the same rules.
For Airbnb, the French case is significant as the International
Olympic Committee has agreed to promote the company for
accommodation during the 2024 Olympics in Paris.
Judges in essence accepted the company's arguments that it is an
online platform and not a property agent.
"The nature of the links between the intermediation service and
the provision of accommodation did not justify departing from
the classification of that intermediation service as an
'information society service'," the CJEU said.
The court also faulted France for not notifying the European
Commission, the EU executive, of the requirement for Airbnb to
hold an estate agent's professional licence.
Airbnb welcomed the judgment.
"We want to be good partners to everyone and already we have
worked with more than 500 governments to help hosts share their
homes, follow the rules and pay tax," it said in a statement.
Airbnb has in recent years dueled with hoteliers and authorities
in cities from New York to Amsterdam, Berlin and Paris, accused
of worsening housing shortages and pushing out lower income
residents.
The case is C-390/18 Airbnb Ireland.
(Reporting by Michele Sinner, Writing by Foo Yun Chee; Editing
by Mark Potter)
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