Spanish Court orders Airbnb to pay €64 million fine and rejects suspension request

A Spanish court has ordered Airbnb to pay a €64 million fine and refused to suspend the sanction. The company continues its legal challenge over allegations of illegal holiday rentals and misleading advertising, marking a significant escalation in Spain’s crackdown on unlawful short-term rentals.

The High Court of Justice of Madrid rejected Airbnb’s request for interim measures that would have allowed it to delay payment of the penalty until a final ruling is issued. As a result, the company must pay the fine immediately, even as the case remains ongoing. 

The fine was imposed in December 2025 by Spain’s Ministry of Consumer Affairs over multiple violations linked to tourist accommodation listings on the platform. Authorities found that Airbnb had advertised tens of thousands of properties that did not comply with regional regulations, including listings without a valid licence, incorrect or false registration numbers, and incomplete or misleading information about hosts. 

Investigators identified irregularities in more than 65,000 listings, many of which were later removed. The ministry classified these practices as misleading advertising and unfair commercial behaviour, with the total fine calculated at roughly six times the profit generated from the unlawful listings. 

In a statement following the ruling, Airbnb said the decision “is purely procedural and does not address the substance of the case,” adding that it considers the sanction to be incompatible with Spanish and European legal frameworks. The company has confirmed it will continue to appeal the penalty.

The court’s decision does not assess whether the fine itself is justified, focusing instead on whether payment could be postponed. Judges concluded there were no grounds to suspend the sanction, meaning the financial penalty must be settled while legal proceedings continue. Despite the setback, Airbnb maintains that it has complied with applicable regulations and continues to contest the legal basis of the fine. 

The case forms part of a broader effort by Spanish authorities to tighten oversight of the short-term rental market, which has been widely linked to rising housing costs and reduced availability for local residents. Governments across Europe, including in France, Italy and Portugal, have introduced similar measures in response to mounting pressure on housing supply.

Spain has been particularly aggressive in enforcing compliance, with courts previously ordering Airbnb to remove thousands of non-compliant listings in separate rulings over the past year. Officials argue that stricter regulation is necessary to protect consumers and ensure transparency in the rapidly growing tourist accommodation sector.