Smartflats case: the Opinion of the CJEU Advocate General as a test case for restrictions on short-term rentals

The Advocate General’s opinion in the Smartflats case (C-813/24) examines the scope of the proportionality review under the Services Directive in relation to regulatory requirements imposed on hosts. The analysis highlights that such requirements must be transparent, necessary and proportionate, even when national and local regulations pursue legitimate public interest objectives. In particular, the opinion questions whether imposing additional administrative burdens on hosts constitutes a significant restriction on the freedom to provide services. These conclusions provide important guidance on the limits of national legislators.

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