Date
19 December 2019

Tag

Active

Country
EU 27 EU 27
Geographical scope
Cross-border
Type
  • Type

    Other (legal)

    Legal
View Court ruling

Description

The European Court of Justice (‘the Court’) ruled that 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 on electronic commerce. Accordingly, Airbnb should be classified as an ‘information society service’ rather than a real estate agency. The Court also found that, in criminal proceedings with an ancillary civil action, an individual may oppose the application to him or her of measures of a Member State restricting the freedom to provide such a service which that individual provides from another Member State, where those measures were not notified in accordance with the second indent of Article 3(4)(b) of that directive.


Additional metadata

Keywords
platform characteristics and business model, sector aspects, competition, lobbying
Actors
Court
Sector
Accommodation and food service activities
Platforms
Airbnb

Citation

Eurofound (2019), ECJ Case C-390/18 (Court ruling), Record number 3136, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/ecj-case-c39018-102512.