Tourism Law in Europe

platform has its registered office. Please note that the Digital Services Act significantly improves the mechanisms for the removal of illegal content and for the effective protection of users fundamental rights online. It also creates a stronger public oversight of online platforms, in particular for platforms that reach more than 10% of the EU’s population. As the the judgment of the CJEU of 19.12.2019, in case Airbnb Ireland,classified platforms as an ‘information society service’ under Directive electronic commerce (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, while also providing a certain number of services ancillary to that intermediation service), national judges have had to change their pronouncements and we find with a disparate and changing Spanish jurisprudence. Before the judgment of the CJEU of 19.12.2019, in case Airbnb Ireland, we find judgments like those of the STJ of Catalonia, (Contentious-Administrative Chamber, Section 5) Sentence no. 751/2018 of October 5 14 , which resolves an administrative contentious appeal filed by the Homeaway platform against the Generalitat of Catalonia, as a result of a resolution issued by the General Director of Tourism ordering Homeway Spain SL to of 15 days will block, suppress or suspend from the website the content related to companies or tourist accommodation establishments located in Catalonia in which the registration number in the Catalan Tourism Registry does not appear. The TSJ of Catalonia understands that the platform does not exercise a neutral function because platform assumes a decisive role, they constitute the center of the business of renting real estate or vacation homes, advertising As it deems appropriate, it manages the reservations and dominates the operation of the control of the economic flow, imposing its intermediation in the payment, for which the accommodation sector regulations will be applied. For all these reasons, the liability exemption provided for in art. 14 of Law 34/2002, of July 11, on services of the information society and electronic commerce cannot be applied (Art. 14 Directive on electronic commerce (Directive 2000/31)). 14 STJ de Cataluña, (Sala de lo Contencioso-Administrativo, Sección 5ª) Sentencia núm. 751/2018 de 5 octubre.