Category: Case Law
Landmark ruling ordering the cessation of tourist rental activities in a residential building based on the violation of a family’s right to privacy
A court has handed down a novel ruling ordering the cessation of a tourist rental activity in residential properties which was found to have breached the right to personal and family privacy of the owners of a home located in the same building. The plaintiffs were also awarded compensation for damages incurred. On June 19, […]
Is hotel furniture protected by copyright?
Furniture design can enjoy the same protection as a work of art, even without prior registration. Ensuring the transfer of such copyright is essential in order to avoid legal disputes and safeguard the future use of furniture designed ad hoc. Both the courts and case law have expressly recognized that furniture is protectable by copyright […]
Revisiting the prohibition on tourism rentals by condominium law
The popularity in Spain of vacation rentals has been accompanied by a rise in litigation between the owners of tourist apartments and the condominium law of the buildings where those apartments are located. This litigation, initially concentrated in courts of first instance and appeal courts, has ended up in the hands of the Supreme Court. […]
Parity clauses between hotel reservation platforms and hotel establishments are not “ancillary restraints”
The Court of Justice of the European Union (CJEU) has ruled on price parity clauses in contracts between an important hotel reservation platform and hotel establishments. The CJEU has determined that these clauses must be analyzed under the rules on anticompetitive agreements as they cannot be qualified as “ancillary restraints” since they are not strictly […]
The impact on hotels, restaurants and cafés of the Spanish Special Tax on Non-Reusable Plastic Packaging: main challenges
The tax impacts on companies in this sector, both through the higher cost of product purchases and through their obligations as taxpayers, in relation to intra-Community acquisitions and imports of non-reusable plastic packaging. On January 1st of 2023, the Special Tax on Non-Reusable Plastic Packaging, an indirect tax aimed at reducing the use of non-reusable […]
Vacation rentals: how does the prohibition of economic or hospitality activities in community of owners (“comunidad de propietarios”) affect?
The Supreme Court has recently ruled on whether or not the rental of residential properties as vacation accommodation constitutes an economic activity and, in relation to this question, whether the statutes of communities of owners can prohibit such non-residential use. The huge growth in the popularity of vacation rentals has generated many questions regarding the […]
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