Dutch foundation takes mass claim against Airbnb to Supreme Court

A Dutch foundation seeking millions of euros in compensation from Airbnb is taking the matter to the Supreme Court. The Massaschade & Consument Foundation had filed a lawsuit against the rental platform, alleging it was unfairly charging agency fees. The Court of Appeal previously ruled that an Irish court must decide on this case, but the foundation won’t accept that.

In 2021, the Massaschade & Consument Foundation filed a lawsuit against Airbnb in the Netherlands, alleging the platform’s service policy was unfair. For years, the company charged renters and landlords separate service fees, but according to the claims foundation, agents should not be allowed to receive agency fees from both parties.

The Court of Appeal previously ruled that Airbnb’s services are provided from Ireland, where the American website for temporary home rentals has its European headquarters. Therefore, a Dutch court would lack jurisdiction to hear the foundation’s complaints.

Foundation chair Lucia Melcherts called the court’s decision, which made its ruling in June, incomprehensible. “After four years of litigation, the simple question of whether Airbnb is allowed to charge double service fees has still not been addressed,” she said. “This raises the question of whether Dutch consumers still have anywhere to go when large companies that clearly target the Netherlands are hiding behind a foreign branch.”