Tourism Law in Europe

(ii) taken against a given information society service which prejudices the objectives referred to in point (i) or which presents a serious and grave risk of prejudice to those objectives; (iii) proportionate to those objectives; (b) before taking the measures in question and without prejudice to court proceedings, including preliminary proceedings and acts carried out in the framework of a criminal investigation, the Member State has: - asked the Member State referred to in paragraph 1 to take measures and the latter did not take such measures, or they were inadequate, - notified the Commission and the Member State referred to in paragraph 1 of its intention to take such measures. 5. Member States may, in the case of urgency, derogate from the conditions stipulated in paragraph 4(b). Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State referred to in paragraph 1, indicating the reasons for which the Member State considers that there is urgency. 6. Without prejudice to the Member State's possibility of proceeding with the measures in question, the Commission shall examine the compatibility of the notified measures with Community law in the shortest possible time; where it comes to the conclusion that the measure is incompatible with Community law, the Commission shall ask the Member State in question to refrain from taking any proposed measures or urgently to put an end to the measures in question. As the the judgment of the CJEU of 19.12.2019, Airbnb Ireland case, determines that it is a service provider that only hosts data automatically and passively, the platform is in principle exempt from liability for the content it stores. Also, with the application of the principle of control at source, it is it reaches the application of the least restrictive legal system. This exempts platforms from controlling the contents their store, therefore the platform that mediates in the vacation rental cannot be required to control the legality of the accommodations offered and to eliminate advertisements without a registration number, as required by regulations tourist from a country other than the one where the