In a decision handed down last week, Advocate General Maciej Szpunar ruled that the service provided by Airbnb Ireland - Airbnb's EU headquarters - may be regarded as an "information society service" and that the French Hoguet Law which applies to real estate agents is not applicable to Airbnb.
This followed a complaint being brought by Association pour un hébergement et un tourisme professionnel (Lodging and Tourism Association) of France alleging that Airbnb is operating illegally as a real estate agent in the EU.
AG Szpunar further ruled that existing EU law "precludes a Member State from being able to restrict...the free movement of information society services from another Member State."
Score one for Airbnb.