Airbnb has to call customers

The initial situation

The Free State of Bavaria significantly tightened the law against misappropriation in 2017. At the request of the municipalities, property managers, brokers and operators of online portals have since had to publish information about the apartments rented to holiday guests.

The Munich administration demanded from Airbnb the publication of the names and addresses of the providers who offer their apartment more than eight weeks a year on the online portal as a holiday apartment. Who rents his apartment for a short time, is currently not affected.

Airbnb does not want to call its customers

The US company Airbnb resisted the publication of the addresses of the offered apartments as well as the names and addresses of the hosts and sued before the Administrative Court of Munich.

The decision of the Administrative Court

The Administrative Court has ruled that Airbnb, if operating in Germany, must comply with national regulations. The demand for information on certain apartments and hosts is legitimate for monitoring the right of alienation under EU law. Airbnb as an agent of the apartments is obliged to assist the city of Munich and to provide the necessary data.

Airbnb may appeal the verdict.

(VG München - Judgment of 12.12.2018, Ref. M 9 K 18.4553Az. M 9 K 18.4553)