Are referred to the Court of Justice of

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

Are referred to the Court of Justice of the European Union the following questions for a preliminary ruling: Does Directive 2006/123/EC of 12 December 2006 apply to the letting for valuable consideration, even on a non-professional basis, repeatedly and for short periods, of furnished premises for residential use which do not constitute the lessor's main residence, to a transient clientele who do not take up residence there? Does legislation such as that provided for by Article L. 631-7 of the Construction and Housing Code constitute an authorisation scheme within the meaning of Articles 9 to 13 of that directive? If so: - must Article 9(b) of that directive be interpreted as meaning that the objective of combating the shortage of housing for rent constitutes an overriding reason in the public interest capable of justifying a national measure which, in certain geographical areas, makes the letting of furnished premises intended for residential use repeatedly for short periods to a transient clientele who do not take up residence there subject to authorisation and, if so, is such a measure proportionate to the objective pursued? - does Article 10(2) preclude a national measure which makes the letting of furnished premises intended for residential use 'repeatedly', for 'short periods', to a 'transient clientele who do not take up residence there' subject to authorisation and which provides that the conditions for granting authorisation are to be determined by a resolution of the municipal council, in the light of social mix objectives, in particular depending on the characteristics of the local housing markets and the need not to aggravate the housing shortage?

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (titles, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

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