European Court of Justice to rule on Brussels Airbnb regulation

European Court of Justice to rule on Brussels Airbnb regulation
View over Brussels from the Palais de Justice. Credit: The Brussels Times / Lauren Walker

The Court of Justice of the European Union (CJEU) is set to rule on Airbnb regulations in Brussels, Le Soir reported on Thursday.

After years of criticism about "disproportionate" regulations in Brussels from the short-term rental sector, the matter will go before the CJEU.

The Short Term Rental (STR) Association represents non-hotel tourist accommodation providers and has long opposed Brussels legislation, arguing that it violates the EU Services Directive.

The contested rules state that anyone wishing to offer Airbnb or other tourist accommodation in Brussels must register with the regional authorities. This requires various documents, such as an extract of the owner's criminal record and a fire safety certificate, as well as a conformity certificate from urban planning.

'Too complex'

The STR Association argues that these bureaucratic procedures are too complex and have challenged the ordinance. The Brussels Court of Appeal referred the matter to the CJEU on 14 November.

The cabinet of outgoing Brussels Minister-President Rudi Vervoort (PS), which is responsible for these regulations, has stressed that the Court of Appeal's referral does not suspend the current legislation.

The upcoming decision from the CJEU will be watched closely despite the fact it concerns an outdated regulation, as it has already been replaced by a different ordinance.

However, the STR Association is equally unhappy with the replacement text, which it has also challenged before the Constitutional Court.

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