Paris Tribunal determines that Airbnb plays an editorial role and is therefore liable for illegal STR offers

  The Paris Tribunal issued a landmark verdict on 5 June, whereby Airbnb is deemed to play an editorial role regarding the content on its website and as such, is liable for the circulation of illegal offers on its website. In summary, the court determined that Airbnb plays an editorial because it:

• Fixes rules regarding the use of its website by STR hosts
• Gives hosts directives (e.g. be reactive, avoid cancellations, have a good rating)
• Removes content or approving its publication at its own discretion
• Distinguishes between hosts and ‘super hosts’

While the amount of the fine itself is of little relevance of a large company like Airbnb, the legal reasoning behind the verdict sets a very damaging precedent for the company, especially if it provides inspiration to other European courts and feeds into upcoming EU Digital Services Act discussions. Please find below a translation of an article summarising the verdict published by the Goldwin law company, which brought (and won) the case to the Paris Tribunal on behalf of the apartment’s landlord.