The European Court of Justice Advocate General submitted an opinion Tuesday siding with Airbnb in a case challenging strict French rules.
The Prosecutor’s Office in Paris France filed an indictment for infringement of Hoguet law (real estate law) concerning real estate agents against Airbnb Ireland. Airbnb Ireland denies acting as a real estate agent and the Court of Justice agreed. The opinion found that Airbnb services fall within the scope of “information society services.” The AG rejected that the Irish company would be covered by the nation’s Hoguet Law because there was not proper notification of the intention to apply French law to the Irish company.
In a press release accompanying the opinion the court said that the AG found that Airbnb is a “service consisting in connecting potential guests with hosts offering short-term accommodation, via a electronic portal, in a situation in which the provider of that service does not exercise control over the essential procedures for the provision of those services, constitutes an information society service.”
The opinion is not binding on the court, but is likely to be adopted.
A previous version of this article incorrectly implied that the court had reached a decision. The updated version clarifies that the Advocate General issued a non-binding opinion.