A group lawsuit against Airbnb must be settled in Ireland, the court in The Hague has ruled. That is a setback for the Dutch foundation that had started a collective procedure on behalf of “more than 50,000 consumers” because of alleged unjustified costs.
According to the court, a Dutch judge is not competent to make a ruling. “The operation and management of the Airbnb platform take place in Ireland,” the judge states, agreeing with Airbnb’s wishes and not those of Stichting Massaschade & Consument.
The foundation filed the lawsuit in 2021 because Airbnb had allegedly charged unjustified mediation fees to both tenants and landlords for years. Dutch law would prohibit this. Airbnb argued that the lawsuit was against Dutch and European law.
Stichting Massaschade & Consument finds the judge’s ruling disappointing. “More than 50,000 consumers remain uncertain about their rights after four years of litigation.” The lawyer assisting the foundation speaks of a “particularly consumer-unfriendly interpretation” of the rules, which makes large foreign tech companies untouchable in the European Union.
For the time being, consumers will not get their money back. The foundation is investigating possible follow-up steps. “It is quite possible that the European Court of Justice will ultimately have to rule on this.”