Ruling on December 19, 2019
Authority: Court of Justice of the European Union
Parties: Airbnb Ireland
Subject: Airbnb is an intermediation service, and must therefore be classified as an ‘information society service’ under Directive 2000/31. This means that member states must respect the freedom to provide information society services.
Summary of facts: Airbnb Ireland offers an electronic platform the purpose of which is, on payment of a commission, to establish contact, in particular in France, between, on the one hand, hosts, whether professionals or private individuals, with accommodation to rent and, on the other, people looking for such accommodation. Airbnb also offers additional services, such as an option for a photography service, and also an option for civil liability insurance and a guarantee against damages. The Association for professional tourism and accommodation, AHTOP complained that Airbnb did so, without a professional licence, that was needed under French law.
Legal question: Is Airbnb an intermediation service that must be classified as an ‘information society service’ under Directive 2000/31?
Considerations: Under Article 1(1)(b) of Directive 2015/1535, the concept of an ‘information society service’ covers ‘any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services’. The service that Airbnb provides, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation services so as to enable the former to reserve accommodation. The host and guest do not come into contact other than by means of the Airbnb Ireland electronic platform. Also, the service is provided at the individual request of the recipients of the service. The advertisement has to be placed on the platform by the host en the individual guest that has interest in that advertisement has to request the service. Because of this the service meets the four cumulative conditions laid down in Article 1(1)(b) of Directive 2015/1535 and constitutes an ‘information society service’ within the meaning of Directive 2000/31.
Ruling: An intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation services, while also providing a certain number of services ancillary to that intermediation service, must be classified as an ‘information society service’ under Directive 2000/31.