Airbnb in the European Union: Prevention of unfair competition and freedom to provide services
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Paolo Tullio
Publishing Year 2021 Issue 2021/32 Language Italian
Pages 42 P. 7-48 File size 952 KB
DOI 10.3280/DT2021-032001
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Two recent decisions by the European Court of Justice (Airbnb Ireland and Cali Apartments) nourish the debate on the regulation of peer-to-peer lodging services. Several Airbnb’s hosts make use of short-time rentals to disguise a professional activity. In this manner they circumvent the administrative and tax rules applied to the traditional lodging industry and gain an unlawful competitive advantage over traditional hotels and b&b. As a consequence, the lodging industry associations ask for the adoption of rules aimed at preventing unfair competition by hosts. Yet, in regulating peer-to-peer lodging services the EU Member States must come to terms with the EU rules on the freedom to provide services within a legal framework that is all but clear. A modernization of the EU rules is thus needed.
Paolo Tullio, Airbnb nell’Unione europea: tra prevenzione della concorrenza sleale e libera prestazione dei servizi in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 32/2021, pp 7-48, DOI: 10.3280/DT2021-032001