Bredin Prat represents Airbnb before the Aix-en-Provence Court of Appeal and obtains a decision in Airbnb’s favour, that states that Airbnb must be regarded as a “web hosting provider”

On 21 September 2023, the Aix-en-Provence Court of Appeal issued a decision in favour of Airbnb Ireland and asserts that Airbnb Ireland is, from a legal standpoint, a “web hosting provider”. The Court of Appeal’s decision comes at a time when the major debate about the status of operators of digital platforms is still ongoing.

The judgment issued in first instance proceedings had considered that Airbnb Ireland could be qualified as a “content publisher” and that it could therefore be held liable with respect to the content of the listings posted on its platform. In its decision, the Aix-en-Provence Court of Appeal has adopted a totally different solution and states that Airbnb Ireland is, from a legal standpoint, a “web hosting provider”, and that it cannot therefore be responsible for ensuring the legality of the listings posted on its online platform.

Unlike the judgment in first instance proceedings, the Aix-en-Provence Court of Appeal rejected the civil action initiated against Airbnb Ireland by the owner of a property which had been unlawfully sub-let by an unscrupulous tenant.

The Aix-en-Provence Court of Appeal also confirms that no claim can be brought against Airbnb France to the extent that the latter does not operate the “Airbnb” platform.

The Bredin Prat team advising Airbnb Ireland and Airbnb France comprised Jean-Daniel Bretzner (partner) and Samuel Daniau from the firm’s litigation department.