The Court of Justice of the European Union (CJEU) is poised to deliver a crucial ruling on the controversial short-term rental regulations in Brussels, following years of tension between local authorities and rental service providers like Airbnb.
The matter, which has sparked heated debates over bureaucratic complexities and fairness, was brought before the CJEU after the Brussels Court of Appeal referred the case on November 14.
The regulations at the heart of the dispute require anyone offering short-term tourist accommodation, such as through Airbnb, to register with regional authorities.
This process involves submitting various documents, including an extract of the owner’s criminal record, a fire safety certificate, and a conformity certificate from urban planning.
The rules were initially introduced to regulate the booming short-term rental market and address concerns over housing affordability, neighborhood disruption, and fire safety.
However, the Short-Term Rental (STR) Association, which represents non-hotel accommodation providers, has long been critical of these measures.
The association argues that the registration requirements are overly complex and infringe on the principles of the EU Services Directive, which promotes the free movement of services within the European Union.
In particular, it claims that the red tape involved in the process hinders business operations and places unnecessary burdens on property owners.
“This regulation is disproportionate and represents an obstacle to the provision of services across the EU,” said an STR Association spokesperson.
The group’s legal challenge has centered on the belief that the measures violate the EU’s rules on cross-border services and market access.
The Brussels Court of Appeal’s referral to the CJEU could have far-reaching implications not just for Brussels but also for other EU cities grappling with the rise of short-term rentals.
The legal battle over Airbnb regulations is part of a wider trend across Europe, where many cities have implemented or are considering similar legislation to curb the impact of short-term lets on housing markets and urban living.
Despite the significance of the case, the Brussels government has downplayed the immediate impact of the ongoing legal proceedings.
A statement from the cabinet of outgoing Brussels Minister-President Rudi Vervoort (PS) emphasized that the Court of Appeal’s referral would not halt the enforcement of the current regulations.
“The current legislation remains in effect,” the statement read, underlining the city’s commitment to regulating short-term rentals.
Interestingly, although the legal proceedings concern the original ordinance, which has since been replaced by a new set of regulations, the STR Association remains unsatisfied with the changes.
The group has already taken its grievances over the new ordinance to Belgium’s Constitutional Court, arguing that the revised rules are similarly flawed and continue to hinder the rental market.
The forthcoming CJEU ruling will be closely watched by stakeholders on all sides, including the Brussels government, the STR Association, and other EU cities grappling with similar issues.
While the case centers on an outdated regulation, the outcome could have important consequences for the future of short-term rental laws across Europe.
As the legal battles continue, property owners and rental companies await clarity on how Brussels—and potentially other EU jurisdictions—can regulate Airbnb and similar platforms without infringing on EU law.
