A Dutch court has ruled that a mass claim against Airbnb must be heard in Ireland, where the company’s website is based. The decision effectively halts the case in the Netherlands, much to the disappointment of the foundation that brought the claim.
The case, initiated in 2021 by Stichting Massaschade & Consumer, involves approximately 50,000 consumers. The foundation alleges that Airbnb unfairly charges service fees to both landlords and holidaymakers.
However, the Amsterdam court determined that the Dutch legal system lacks jurisdiction over the matter. According to the court, Airbnb’s primary operations and management are located in Ireland.
Stichting Massaschade & Consumer expressed its dissatisfaction with the verdict, suggesting that the court adopted a consumer-unfriendly interpretation of the rules. The foundation believes this interpretation could shield large tech companies operating within the EU from accountability. The foundation is now evaluating its options, including a possible appeal to the European Court of Justice.
The case also touches upon Dutch housing law, which prohibits agents from charging both tenants and landlords. However, the Supreme Court previously stated that this law does not extend to short-term holiday rentals.
Airbnb, in a statement to Emerce.nl, voiced its hope that the ruling would bring the case to a conclusive end.