European Property Federation

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<CJEU AG ON PRIOR AUTHORISATION OF SHORT-TERM RENTAL
April 7, 2020

Cali Apartments SCI and HX v Procureur général près de la cour d'appel de Paris and Ville de Paris

Opinion of Advocate General Bobek delivered on 2 April 2020:The Services Directive allows for prior authorisation of short-term furnished rental accommodation as well as for a requirement to offset it by converting non-residential into housing

"Local diversity as to the specific authorisation conditions is not only permissible; it is even desirable ... the necessary price to be paid for having a Union that respects regional and local self-government in its Member States."

The Opinion sets out in a real estate context the precise reasons why interpretation of the EU principle of proportionality (only accepting national restrictions on EU freedoms if there was no less restrictive way of achieving the overriding public interest concern) must have the flexibility to adapt to local conditions.

EPF Secretariat analysis under epf20-26 of 07.04.2020