The Paris Commercial Court on Monday dismissed Umih, the main organization of the hotel and restaurant sector in France, in its action against the American platform Airbnb, accused of “unfair competition“. Umih has indicated that he intends to appeal this decision.
The employers’ organization criticized Airbnb for “not having respected the legislation in force, for having unlawfully diverted part of the customers from the hoteliers and for having created a violation of equality in the collection of the tourist tax, to the detriment of local authorities ” .
“We appreciate this decision, which is above all a victory for French families and which confirms that Airbnb respects the rules applicable to platforms. This procedure is nothing more than yet another unfounded attempt by the hotel lobby to protect the interests of its members by attacking guests, the vast majority of whom rent their accommodation for a few days a year,” the platform welcomed .
“Complementary” activities.
In its decision, the Court considers in particular that “during the debates it emerged on several occasions that in most places where rental companies or hosts of Airbnb customers are located, there could be no fact that would cause harm to Umih members, the two activities of hotels and short-term rentals being, in these places, complementary.
The court also rejects Umih’s request for damages of 1.5 million euros and orders the organization to pay 40,000 euros to Airbnb for legal costs.
During the hearing in mid-September, Umih’s lawyer, Jonathan Bellaïche, sought to demonstrate Airbnb’s status as a content publisher, which holds platforms responsible for what they publish, relying in particular on a ruling by the Court of Justice Paris appeal in January 2023. Airbnb lawyer Jean-Daniel Bretzner said he had referred the matter to the Court of Cassation.
“We are ready to go all the way”
At the end of the hearing, Me Bellaïche, Umih’s lawyer, spoke of “one step” in front of the press: “We are ready to go to the end of all the procedures, up to the cassation, with the conviction that we are legally justified and that we are the real victims of this unjust situation,” he declared. “The right of families to rent out their property is enshrined in law and we are evaluating all legal options to protect it and put an end to the hostile practices of this lobby,” i.e. Umih, Airbnb warned on Monday.
The proceedings, which began in 2018, had been suspended pending several judicial decisions, including a decision by the European courts on French legislation governing short-term furnished tourist rentals.
In September 2020, the Court of Justice of the European Union (CJEU) ruled that requests for prior authorization made by municipalities to repeatedly rent accommodation complied with European law.
As part of the 2025 budget proposal, several parliamentary amendments propose to increase the taxation on furnished tourist accommodation, which is currently more advantageous than that on long-term rentals. Airbnb is the subject of another procedure for “unfair competition”, initiated by around twenty hoteliers supported by Umih, before the commercial court of Lisieux. The decision is not expected to be made for several months.
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