The Supreme Court in Spain has ruled that hosts, rather than Airbnb, are responsible for the information contained on a listing.
The case dates back to 2015 and a dispute with the Catalan government over Airbnb reviewing all listings.
Both Airbnb and HomeAway were hit with fines of $635,000 in late 2016 for flouting regulations around the advertising of tourist accommodation in Barcelona.
The Supreme Court decision says Airbnb Ireland is an “information society services” provider and should not be considered a real estate or tourist services provider.
Airbnb says the decision is partly due to a 2019 European Union Court of Justice ruling which also said Airbnb should be looked on as an “information society service.”
Airbnb has described the ruing from Spain’s Supreme Court as “landmark litigation.”
Mónica Casañas, Spain country manager for Airbnb, has written to the Catalan authorities highlighting the ruling, saying: “We see it as a positive step for our continued collaboration as we look to move forward from this matter - which has been ongoing since 2015 - and work together on clear and modern rules that support local families who share their homes.”
The letter also highlights Airbnb’s recent submission on host rules to the European Commission.
“Here we proposed and committed to enforce new responsible and harmonized EU rules that get tough on property speculators, while making it easier for everyday Europeans to welcome guests into their homes.”
As part of its EU Host Action Plan, Airbnb has proposed the established of a host register.
The European Commission has said it will adopt new rules in the first quarter of 2022.