The EU Charter Rights of Providers of Short-Term Rental Services Under EU Law

European Union (‘EU’) law provides hosts with certain rights through which to challenge national/local measures regulating the provision of short-term rental services (‘STR measures’). One of the most promising avenues is the right to property, enshrined in Article 17 of the Charter of Fundamental Rights of the European Union (‘CFR’ or ‘Charter’), which provides both procedural and substantive protections for hosts. When faced with a challenge to a national/local STR regulation, national judges engaging with Article 17 CFR have a range of procedural and substantive tools at their disposal to ensure that the host’s EU law-derived rights are respected. In applying these tools, judges will predominantly apply the procedural rules of the Member States. However, EU law sets minimum standards that Member States must comply with, which are fundamental to ensuring that hosts’ rights under EU law are adequately protected.