Airbnb has announced that it will appeal in court against the fine of 64 million euros imposed by the Ministry of Social Rights, Consumption and Agenda 2030 as it considers that the sanction violates the Spanish and European legal framework, especially with regard to the control obligations on tourist housing advertisements. The company questions that it is being held liable for responsibilities that, in its opinion, were not in force when the administrative proceedings began in 2024.
The decision to appeal comes after Consumo made public the sanction, one of the largest imposed so far in Spain, and which was already reported by La Voz de Ibiza in the information on the file opened against the platform for unlicensed ads and alleged misleading advertising (<a href=”https://www.lavozdeibiza.com” target=”_blank”>La Voz de Ibiza</a>).
The key to the appeal: the regulatory timetable
One of the central axes of the appeal announced by Airbnb is the time lag between the regulation and the sanctioned facts. The company argues that the obligation for ads to include a registration number is only enforceable from July 1, 2024, the date of entry into force of the new regulation on short-term rentals.
According to the platform, the sanctioning proceedings were initiated before this obligation was fully applicable, so it considers that Consumer Affairs is applying regulatory criteria retroactively, something that Airbnb describes as contrary to European law.
European and Supreme Court rulings as support
In its argument, Airbnb recalls that the Court of Justice of the European Union (CJEU) ruled in 2019 that the company should be considered an information society service, and not a real estate agent, which limits its supervisory obligations on content published by third parties.
In addition, the platform invokes a Supreme Court ruling of January 2022, which followed the CJEU’s criteria and established that the veracity of the information in the advertisements – including the registration number when it is mandatory – falls on the tourist service provider, not on the platform hosting the advertisement.
Airbnb stresses that this legal framework is still in place and will be one of the pillars of its defense against the sanction.
More than 70,000 ads regularized, according to the platform
The company also defends that it has collaborated with the Ministry of Housing since the entry into force of the new regulations, which, according to its data, has allowed more than 70,000 ads to incorporate a valid registration number and continue to be active on the platform.
This argument seeks to reinforce the idea that Airbnb has adapted its operations to the new legal requirements, although it insists that it cannot be sanctioned for non-compliance prior to that regulatory framework.
Consumo maintains that the sanction is final
The Ministry of Social Rights and Consumer Affairs holds a radically different position. Minister Pablo Bustinduy has reiterated that the fine is final and must be paid, regardless of whether the company decides to go to court.
Consumo bases the sanction on 65,122 advertisements that, according to the file, incurred in unfair commercial practices, such as the absence of a license, the use of false or incorrect registrations or the lack of clear information on whether the hosts were acting as individuals or professionals.
A new judicial front with impact on Ibiza
The appeal announced by Airbnb now opens a new judicial scenario that could have special relevance in communities such as the Balearic Islands, where pressure on the tourist housing market is one of the main public and political debates.
In Ibiza, the Consell insular and Airbnb have staged in 2025 a specific line of collaboration against unregulated supply, with the signing of a Memorandum of Understanding (MoU) to expedite the removal of ads “manifestly illegal” when the institution identifies them. Within this framework, the Consell reported the elimination of hundreds of advertisements after the notifications sent to the platform, within the Plan de Choque contra el Intrusismo.
Beyond the economic amount, the legal proceedings will serve to delimit the extent of the legal responsibilities of digital platforms in the marketing of tourist accommodation, a key issue for the future of the sector in Ibiza and in the whole of Spain.
