Spain’s High Court of Justice of Madrid (TSJM) on 24 March 2026 rejected Airbnb’s request to suspend payment of a €64 million ($73.6 million) fine while the platform’s broader legal challenge proceeds, ordering the US-based short-term rental company to pay the penalty in full as litigation continues.
The Ministry of Consumer Affairs imposed the sanction in December 2025 after authorities identified unfair commercial practices across more than 65,000 tourist apartment listings on the platform.
The ruling addresses only the procedural request to delay payment and does not examine the merits of the underlying case, which remains before the court. Airbnb has filed a fresh appeal for reconsideration before the same court and maintained that the fine conflicts with existing Spanish and European Union law governing online platforms.
What Triggered the Fine
Spain’s Ministry of Consumer Affairs identified violations including the publication of listings without valid tourist licences, the use of false or incorrect registration numbers and the failure to provide accurate information about the legal status of hosts — practices authorities classified as misleading for consumers and in breach of regional regulations requiring clear registration details for tourist rentals. The ministry also cited additional infractions such as breaches of obligations under remotely signed contracts and obstruction of data provision during the investigation.
The total penalty of €64,055,311 was calculated as six times the profit generated from the non-compliant listings. The violations were found across more than 65,100 tourist apartment listings, which were removed from the platform in mid-2025. In July 2025, the government of Prime Minister Pedro Sánchez passed a law ordering the removal of all unregistered holiday rentals from platforms including Airbnb and Booking.com.
Airbnb’s Position and What Comes Next
“This decision is purely procedural and does not address the substance of the case, which remains ongoing,” Airbnb said in a statement. “Airbnb has complied at all times with applicable regulations in Spain. Airbnb considers this sanction to be contrary to Spanish and European legal frameworks and has appealed it.”
“No company in Spain, no matter how large or powerful, can be above the law,” said Pablo Bustinduy, Minister of Consumer Affairs, in a statement issued at the time the original fine was imposed in December 2025. The TSJM’s decision in the Airbnb case stands in contrast to its approach toward fines levied against low-cost airlines for practices such as charging for carry-on luggage, in which the court did grant precautionary measures to suspend payment.
Spain recorded 329,764 tourist rental flats as of November 2025, according to a report by the National Statistics Institute (INE) — a 12.5% decrease compared to the previous year, indicating that enforcement efforts and regulatory pressure are already reshaping the short-term rental market. Airbnb generated a net income of nearly €2.2 billion globally in 2025. France, Italy and Portugal have also tightened short-term rental rules in response to housing affordability concerns.
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