The High Court of Justice of Madrid (TSJM) has once again upheld the resolutions adopted by the Ministry of Social Rights, Consumer Affairs and Agenda 2030, through the Directorate-General for Consumer Affairs, which required the Airbnb platform to remove thousands of tourist accommodation listings that did not comply with current regulations.
On this occasion, the TSJM has dismissed the appeal lodged by the multinational against the precautionary measures requiring the removal of 34,728 advertisements published without the corresponding licence number or without indicating the legal nature of the lessor. This is the second court ruling in favour of Consumer Affairs, following the ruling handed down in May in relation to another 5,800 advertisements.
In total, the Ministry called for the removal of 65,000 irregular advertisements, which Airbnb removed from its platform in July, following the rulings issued by Consumer Affairs and the initial endorsement by the courts. These actions are based on three main breaches:
• Absence of the licence or registration number in the advertisements.
• Use of false or incorrect licence numbers.
• Lack of information on whether landlords are professionals or private individuals (legal nature of landlords), which is necessary for adequate consumer protection.
In addition, the Consumer Affairs Ministry is pursuing disciplinary proceedings against large tourist flat management companies and estate agencies for possible misleading and abusive practices.
These measures are part of the Ministry's commitment to helping tackle the housing crisis and ensuring respect for consumer rights. As Minister Pablo Bustinduy has reiterated: ‘No company in Spain, no matter how large, can be above the law.’
Source of information: Ministerio de Asuntos Sociales, Consumo y Agenda 2030.