Prethodno priopćenje
https://doi.org/10.3935/zpfz.71.1.04
The Judgment of the European Court of Justice of 22 September 2020 C-724/18 and Its Impact on the Real Estate Market in the EU
Ewelina Badura
orcid.org/0000-0002-5514-6299
; Institute of Law, Cracow University of Economics, Kraków, Poland
Sažetak
In 2020 two significant events affected the property market. The first one was the pandemic of COVID-19, which brought unprecedented uncertainty and resulted in a dramatic drop in property prices on rental market and hampered growth of the sales market. Another significant event this article is going to examine was the judgment C-724/18 of the European Court of Justice issued on 22 September 2020. The ECJ ruled that the authorisation scheme for short-term rental does not constitute a breach of the freedom of services warranted by the EU. The judgment concerns the legitimacy of the constraints imposed by local authorities on entrepreneurs operating short-term rentals. It also establishes the applicability of the EU’s Services Directive (2006/123/EC) to short-term rental. The ECJ holds in the judgment that the measure requiring an authorisation for short-term rental aimed tackling shortage of long-term rental housing represents an overriding reason of public interest and as such it is justified. The article analyses the consequences of the ECJ judgment for the market of short-term rentals, in view of the existing legal regulations and in respect of its possible consequences for short-term rental in the EU member states.
Ključne riječi
rental; property; pandemic; CJEU; tourist
Hrčak ID:
258420
URI
Datum izdavanja:
31.5.2021.
Posjeta: 1.863 *