Tourism Law in Europe

However, after the the judgment of the CJEU of 19.12.2019, in case Airbnb Ireland, the Spanish judges had to change their criteria. Recently the Government of the Balearic Islands has lost the game in court against Airbnb. The Supreme Court has rejected for processing the appeal presented by the regional government against the sentence handed down by the Superior Court of Justice of the Balearic Islands that annulled a fine of 300,000 euros imposed on the tour operator for marketing homes without exposing the license number. The autonomous government fined Airbnb in 2018 when it considered that it had violated the Balearic Tourism Law 8/2019, which obliges it to expose the tourist registration number of the home in the media that commercialize these stays. However, the platform appealed the imposition of the fine before the Superior Court of Justice of the Balearic Islands, claiming that its activity is under the protection of Directive 2000/31 / EC on electronic commerce. The court agreed with Airbnb by considering that the company is a service provider. The Balearic court pointed out that the company is covered by that European standard by virtue of the the judgment of the CJEU of 19.12.2019, in case Airbnb Ireland, which considered it an intermediary operator that is limited to a "neutral, merely technical and automatic" provision of embedded content hosting by its users. "The omission of the insertion of the tourist housing registration number is not an illicit advertisement in accordance with community regulations," said the judges. The opinion considered that the requirement of the Balearic regulations only corresponded to the Administration and not to plaforms as Airbnb. We are therefore faced with jurisprudential pronouncements that are different and that evolve according to the jurisprudential line of the CJEU. 4. Holiday Rentals in Spain in Times of COVID-19 On June 26 2020, the following news appeared on BBC News 15 : 15 Source: https://www.bbc.com/mundo/noticias-53187906.