France Redefines Airbnb Platform Liability

France Supreme Court rulings

Photo: Wikimedia

On 7 January 2026, France’s Supreme Court delivered two landmark decisions reshaping Airbnb’s ability to rely on the hosting provider liability exemption. The Court ruled that the platform cannot automatically qualify as a passive host when its services are used for unlawful purposes and when its role goes beyond neutral data storage.

Background of the cases

The disputes arose after tenants sublet properties via Airbnb without landlord consent, breaching French tenancy law. Property owners argued that Airbnb should be held jointly liable, claiming the platform played an active role in facilitating the illegal listings.

Limits of hosting immunity

Drawing heavily on EU case law, the Court reiterated that hosting immunity applies only where a provider acts as a neutral intermediary, limited to technical and automatic processing of user data. Once a platform exerts influence over content or user behaviour, it falls outside the scope of the exemption now reflected in the Digital Services Act.

Diverging appellate views

Prior appellate decisions had conflicted. The Paris Court of Appeal denied Airbnb the benefit of hosting immunity, while the Aix-en-Provence Court of Appeal concluded the opposite, emphasising Airbnb’s lack of editorial control over listings.

An active role identified

The Supreme Court sided with the Paris ruling and quashed the Aix decision. It highlighted Airbnb’s binding instructions to hosts, behavioural standards imposed on users, and promotional tools such as the Superhost programme, which enhances listing visibility and shapes market outcomes on the platform.

Broader implications for platforms

Although the cases did not directly involve intellectual property, the Court relied extensively on CJEU jurisprudence developed in IPR disputes. This underscores the broader relevance of the rulings for digital platforms combining user content with algorithmic promotion.

Growing legal exposure

With the case referred back to the Paris Court of Appeal, Airbnb now faces a challenging outlook. A confirmation of its active role would strengthen claims against platforms across Europe, particularly those operating marketplaces or short-term rental services.

According to International Investment experts, the French rulings signal a decisive shift in European digital regulation. Platforms that shape user behaviour and commercial outcomes can no longer rely on passive hosting defences, increasing compliance and litigation risks for investors exposed to platform-based business models.