El Tribunal Supremo abre las puertas al alquiler turístico vacacional

Abstract

[eng] The Supreme Court has recently overturned the sanction imposed by the Generalitat de Cataluña on an important digital platform for intermediation in tourist accommodation. This decision calls into question the effectiveness of many of the efforts made by the Autonomous Communities in their attempt to ensure greater control over the supply of holiday rentals in their respective territories. The basis of this judicial decision lies mainly in the exemption from liability that the Directive on electronic commerce grants to companies providing an information society service. In this paper, the author analyses the conflict and offers a critical view of the situation following the publication of this important judgment.