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Official Journal |
EN C series |
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C/2026/3291 |
29.6.2026 |
Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 2 March 2026 – Associação Ius Omnibus v Airbnb Ireland UC
(Case C-160/26, Associação Ius Omnibus II)
(C/2026/3291)
Language of the case: Portuguese
Referring court
Supremo Tribunal de Justiça
Parties to the main proceedings
Applicant: Associação Ius Omnibus
Defendant: Airbnb Ireland UC
Questions referred
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1. |
Is it compatible with EU law, in particular with the Rome I Regulation (1) and with Directive 2000/31/EC (2), for national law to determine the substantive law applicable to the relationships and the provision of services or sale of products between consumers resident in that Member State and information society operators having their headquarters in another Member State? |
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2. |
Does acceptance of the ‘terms of service’ of an information society operator constitute a contract within the meaning of Article 6 of the Rome I Regulation? If the answer to the preceding question is in the affirmative: |
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3. |
Must Article 6(1) and (2) of the Rome I Regulation be interpreted as meaning that a contract concluded between a consumer and an information society operator is governed by the law of the country of habitual residence, even as regards mandatory provisions conferring rights on consumers in relation to that contractual relationship, such as the right to lodge a complaint in a public register intended for that purpose? |
(1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).
(2) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ 2000 L 178, p. 1).
ELI: http://data.europa.eu/eli/C/2026/3291/oj
ISSN 1977-091X (electronic edition)