Thread by @tconnellyRTE

Breaking: ECJ advocate general holds that Airbnb Ireland provides an "information society service" and as such cannot be restricted under a French law which governs real estate brokers.

This could be an important case in how the so-called sharing economy is regulated.

Advocate General Maciej Szunpunar believes Airbnb cannot be restricted by French rules requiring real estate brokers to meet a series of professional standards, including liability insurance and a professional qualification.

Airbnb "connects potential guests with hosts offering short-term accommodation via an electronic portal in a situation in which the provider of that service does not exercise control over the essential procedures for the provision of those services.”

The French Public Prosecutor took a criminal case against Airbnb for two alleged breaches of the so-called Hoguet law which regulates estate agents. A civil case was also taken by a French tourism association.

Airbnb argued it was providing information society services under the 2000 E-Commerce directive, and as such another member state had no right to restrict its activities. Today's opinion essentially upholds that view.

Today's announcement is an opinion -the full judgement will be issued later in the year. In 80pc of cases the final ruling adheres to the Advocate General opinion.

In December 2017 the ECJ ruled that Uber was not *only* providing information society services” under the E-Commerce directive, but was in effect a transport
service provider and therefore could not avoid restrictions imposed by other member states.