# C_2020061EN.01000801.xml

| 24.2.2020 | EN | Official Journal of the European Union | C 61/8 |
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24.2.2020

EN

Official Journal of the European Union

C 61/8

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Judgment of the Court (Grand Chamber) of 19 December 2019 (request for a preliminary ruling from the tribunal de grande instance de Paris — France) — Criminal proceedings against X

(Case C-390/18) (1)

(Reference for a preliminary ruling - Directive 2000/31/EC - Information society services - Directive 2006/123/EC - Services - Connection of hosts, whether businesses or individuals, with accommodation to rent with persons seeking that type of accommodation - Qualification - National legislation imposing certain restrictions on the exercise of the profession of real estate agent - Directive 2000/31/EC - Article 3(4)(b), second indent - Obligation to give notification of measures restricting the freedom to provide information society services - Failure to give notification - Enforceability - Criminal proceedings with an ancillary civil action)

(2020/C 61/09)

Language of the case: French

Referring court

Investigating judge of the tribunal de grande instance de Paris

Party in the main proceedings

X

Interveners: YA, Airbnb Ireland UC, Hôtelière Turenne SAS, Association pour un hébergement et un tourisme professionnels (AHTOP), Valhotel

Operative part of the judgment

| 1. | Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), which refers to Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, must be interpreted as meaning that an intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation, while also providing a certain number of services ancillary to that intermediation service, must be classified as an ‘information society service’ under Directive 2000/31; |
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1.

Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), which refers to Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, must be interpreted as meaning that an intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation, while also providing a certain number of services ancillary to that intermediation service, must be classified as an ‘information society service’ under Directive 2000/31;

| 2. | The second indent of Article 3(4)(b) of Directive 2000/31 must be interpreted as meaning that, in criminal proceedings with an ancillary civil action, an individual may oppose the application to him or her of measures of a Member State restricting the freedom to provide an information society service which that individual provides from another Member State, where those measures were not notified in accordance with that provision. |
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2.

The second indent of Article 3(4)(b) of Directive 2000/31 must be interpreted as meaning that, in criminal proceedings with an ancillary civil action, an individual may oppose the application to him or her of measures of a Member State restricting the freedom to provide an information society service which that individual provides from another Member State, where those measures were not notified in accordance with that provision.

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(1)  OJ C 301, 27.8.2018.

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