Legal Review Initiated
The Supreme Court has decided to investigate whether the principle of unitary exploitation established by the tourism legislation in the Canary Islands for apartment complexes aligns with European frameworks or breaches EU directives on services. This decision follows an appeal lodged by an owner seeking to indepconcludeently market their holiday home within a tourist complex.
Potential Implications
This case, previously dismissed by the High Court of Justice of the Canary Islands (TSJC), could significantly impact numerous owners across Gran Canaria, Tenerife, Lanzarote, and Fuerteventura, as highlighted by the Platform of those Affected by the Tourism Law. The Supreme Court justifies the acceptance of the appeal on the grounds of the case’s public interest, noting its “potential to affect a large number of situations,” thus necessitating its review, as per the ruling issued by the Chamber.
Current Regulatory Model
The existing regulations, outlined in Law 7/1995 on the Organisation of Tourism in the Canary Islands, require that all tourist apartments within the same complex be managed by a single operator. This model, recognised as the principle of unitary exploitation, has long created conflict with property owners who assert their right to indepconcludeently market their homes through short-term rental platforms.
Support from Concerned Parties
The Platform of those Affected celebrates the Supreme Court’s decision to examine whether this requirement is justified, three decades after its enactment. The organisation argues that it may represent an unjustified limitation on the free provision of tourism services within the European Union. For this group, which claims to have supported many owners “against all odds,” the acceptance of the appeal signifies “a triumph” as it paves the way for questioning a principle that they believe has acted “as a Trojan horse” against the rights of legitimate owners of apartments and bungalows in the archipelago.
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