Platform liability in Europe: Questions raised by France's Court of Cassation challenge of Airbnb's hosting provider status

6 March 2026

On 7 January 2026, France's highest civil court delivered two closely related decisions that could reshape platform liability across Europe. The Court of Cassation ruled that Airbnb does not qualify as a passive hosting provider under French law, opening the door to potential co-liability under ordinary civil liability rules when users illegally sublet properties through the platform. These cases arise in the specific context of short-term rentals and French residential tenancy rules, which makes the underlying illegality highly fact- and contract-dependent, but the reasoning has sparked immediate controversy, with significant questions about its compatibility with the Digital Services Act and established CJEU case law.

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