The court orders Airbnb to pay a $64 million fine for publishing unlicensed listings

BarcelonaThe High Court of Justice of Madrid (TSJM) has denied Airbnb's request for precautionary measures to halt the €64 million fine imposed by the Ministry of Consumer Affairs for violations in the publication of tourist accommodation listings that did not comply with regulations. Minister Pablo Bustinduy stated that this decision demonstrates that "no company is above the law or consumers." Following the TSJM's ruling, the platform will have to pay the fine. imposed By the end of 2025, Consum had identified violations in more than 65,100 tourist apartment listings, which were removed in the middle of last year. Specifically, the ministry detected "unfair commercial practices" such as publishing listings without a license or with numbers that did not correspond to the numbering used by the registries. It also noted that the platform disseminated listings without accurate information about the legal status of the hosts.

For these initial reasons, the Ministry of Consumer Affairs imposed a fine for a serious infraction, equivalent to six times the "illicit" profit obtained by Airbnb during the time the listings remained published, from the time the state administration issued the warning until their removal by the platform. Bustinduy emphasized that, despite some claiming it was "impossible" to intervene in this market, they have managed to conclude a landmark case: "Step by step, progress can be made, and the interests of ordinary, working people, of the citizenry, can be defended against the interests and speculation of a handful of large operators who are profiting."

The ministry also identified other infractions, such as breaches of obligations under contracts signed remotely and obstruction of data provision. Of these, the most serious, sanctioned with a €55,000 fine, was the failure to comply with the duties and prohibitions imposed by the investigating body during the processing of the case. Airbnb appealed the fine in court, and the obligation to pay it was temporarily suspended. Now, the platform has announced that it will file an appeal with the same court and has stated that this judicial decision is "purely procedural" and does not address the merits of the case, which "continues its course." The decision of the High Court of Justice of Madrid (TSJM) regarding Airbnb differs from its stance on other fines levied by the Consumer Protection Agency (Consum), such as the one imposed on several low-cost airlines for abusive practices like charging for hand luggage, for which it did grant precautionary measures.