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France’s Top Court Reclassifies Airbnb as an Active Publisher, Exposing It to Liability for Illegal Subletting

The Cour de cassation applied EU case law to conclude the platform is not a neutral host.

Overview

  • The ruling resolves years of conflicting French appellate decisions, including divergent judgments from Paris and Aix-en-Provence.
  • Judges cited Airbnb’s active involvement through listing rules, compliance checks, and promotional tools such as the Superhost label as evidence of control over content.
  • By losing the safe-harbor protections for passive hosts, Airbnb can face civil claims when its platform facilitates unlawful subletting.
  • The court’s reasoning, anchored in standards from the Court of Justice of the European Union, may guide future cases involving other short‑term rental platforms in France.
  • Airbnb said it will take the matter to European courts and asserts a zero‑tolerance policy for illegal sublets, including removing listings reported to the company.