A French court ruled against Airbnb, holding the platform accountable for illegal subletting by users, with potential implications for regulations elsewhere.
A top court ordered a re-evaluation of Airbnb’s liability for unlawful sublets, potentially increasing their responsibility beyond just being a neutral platform by scrutinizing their “active role” in promoting listings.
France’s highest court (Court of Cassation) sent a case back to a lower court, stating judges must assess if Airbnb’s promotion and structuring of listings make them more than a neutral host provider, potentially increasing their liability for illegal subletting.
In 2021 a Paris court fined Airbnb €8 million for not removing listings violating local rental rules, a major step in tackling illegal short-term lets.
The European Court of Justice (CJEU) ruled in 2020 that EU member states, like France, can require authorization for short-term rentals to protect housing, a decision welcomed by Paris officials.
Lobby groups say this decision aims to reduce fraud in short-term rentals.
