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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 
Year:  2021 Issue: 32 Language: Italian 
Pages:  42 Pg. 7-48 FullText PDF:  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 in the European Union: Prevention of unfair competition and freedom to provide services in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 32/2021, pp. 7-48, DOI:10.3280/DT2021-032001

   

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