Airbnb Ireland Case: One More Piece in the Complex Puzzle Built by the CJEU Around Digital Platforms and the Concept of Information Society Service

Abstract

In the Airbnb Ireland case the Court of Justice of the European Union (CJEU) is again called upon to rule on the concept of information society service, applying the test defined in the Uber Spain and Uber France cases. The CJEU concludes that Airbnb has neither created a new market nor exercises a decisive influence on the hosts, conclusions with which we disagree. The aim of this article is precisely to critically examine this judgment. The near future is also envisaged through an analysis of the Opinion of the Advocate General in the Star Taxi App case.