# C_2019035EN.01001301.xml

| 28.1.2019 | EN | Official Journal of the European Union | C 35/13 |
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28.1.2019

EN

Official Journal of the European Union

C 35/13

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Request for a preliminary ruling from the Cour de cassation (France) lodged on 22 November 2018 — HX v Procureur général at the Cour d’appel de Paris, Ville de Paris

(Case C-727/18)

(2019/C 35/17)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Appellant in cassation: HX

Respondents in cassation: Procureur général at the Cour d’appel de Paris, Ville de Paris

Questions referred

| 1. | Having regard to the definition of the purpose and scope of application of Directive 2006/123/EC of 12 December 2006, (1) as set out in Articles 1 and 2 thereof, does that directive apply to the repeated letting for short periods, against consideration, including on a non-professional basis, of furnished accommodation for residential use, not constituting the lessor’s main residence, to a transient clientele which does not take up residence there, particularly in the light of the concepts of ‘providers’ and ‘services’? |
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1.

Having regard to the definition of the purpose and scope of application of Directive 2006/123/EC of 12 December 2006, (1) as set out in Articles 1 and 2 thereof, does that directive apply to the repeated letting for short periods, against consideration, including on a non-professional basis, of furnished accommodation for residential use, not constituting the lessor’s main residence, to a transient clientele which does not take up residence there, particularly in the light of the concepts of ‘providers’ and ‘services’?

| 2. | If the above question is answered in the affirmative, does national legislation such as that provided for in Article L. 631-7 of the Code de la construction et de l’habitation (Construction and Housing Code) constitute an authorisation scheme for the abovementioned activity for the purposes of Articles 9 to 13 of Directive 2006/123 of 12 December 2006, or solely a requirement subject to the provisions of Articles 14 and 15?
  In the event that Articles 9 to 13 of Directive 2006/123/EC of 12 December 2006 are applicable: |
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2.

If the above question is answered in the affirmative, does national legislation such as that provided for in Article L. 631-7 of the Code de la construction et de l’habitation (Construction and Housing Code) constitute an authorisation scheme for the abovementioned activity for the purposes of Articles 9 to 13 of Directive 2006/123 of 12 December 2006, or solely a requirement subject to the provisions of Articles 14 and 15?

In the event that Articles 9 to 13 of Directive 2006/123/EC of 12 December 2006 are applicable:

| 3. | Should Article 9(b) of that directive be interpreted as meaning that the objective of tackling the shortage of rental housing constitutes an overriding reason relating to the public interest capable of justifying a national measure which requires authorisation to be obtained, in certain geographical areas, for the repeated letting of furnished accommodation for residential use for short periods to a transient clientele which does not take up residence there? |
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3.

Should Article 9(b) of that directive be interpreted as meaning that the objective of tackling the shortage of rental housing constitutes an overriding reason relating to the public interest capable of justifying a national measure which requires authorisation to be obtained, in certain geographical areas, for the repeated letting of furnished accommodation for residential use for short periods to a transient clientele which does not take up residence there?

| 4. | If so, is such a measure proportionate to the objective pursued? |
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4.

If so, is such a measure proportionate to the objective pursued?

| 5. | Does Article 10(2)(d) and (e) of the Directive preclude a national measure which requires authorisation to be obtained for the ‘repeated’ letting of furnished accommodation for residential use for ‘short periods’ to a ‘transient clientele which does not take up residence there’? |
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5.

Does Article 10(2)(d) and (e) of the Directive preclude a national measure which requires authorisation to be obtained for the ‘repeated’ letting of furnished accommodation for residential use for ‘short periods’ to a ‘transient clientele which does not take up residence there’?

| 6. | Does Article 10(2)(d) to (g) of the Directive preclude an authorisation scheme whereby the conditions for granting authorisation are set, by decision of the municipal council, in the light of social diversity objectives, according to, inter alia, the characteristics of the markets for residential premises and the need to avoid exacerbating the housing shortage? |
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6.

Does Article 10(2)(d) to (g) of the Directive preclude an authorisation scheme whereby the conditions for granting authorisation are set, by decision of the municipal council, in the light of social diversity objectives, according to, inter alia, the characteristics of the markets for residential premises and the need to avoid exacerbating the housing shortage?

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(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).

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