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Airbnb–not a real estate agent (Airbnb Ireland v Hôtelière Turenne SAS)

Published on: 02 May 2019
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Article summary

Commercial analysis: In Airbnb Ireland, Advocate General (AG) Szpunar distinguishes Uber France (Case C‑320/16) and his own opinion in that case to conclude that the online short-term accommodation market place is a pure information society service and not a physical world letting agent. Adding to the jurisprudence on mixed services that often combine features of e-commerce and the gig-economy, the AG pays close attention to the criteria for ascertaining when physical services are ‘not inseparable’ from the information society service that precedes it, which he observes is the problematic test for deciding whether a mixed service is provided at a distance by electronic means. The decisive question is: is the physical component (in this case the accommodation provided) separable from the electronic component? The answer is found via a factual assessment of whether the service provider exercises decisive control over the provision of the physical service. Written by Joseph Dalby SC, at 36 Commercial, 36 Group Chambers.

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