The High Court of Justice of Madrid (TSJM) has rejected the request for precautionary measures filed by Airbnb to stop the execution of the 64 million euro fine imposed by the Ministry of Social Rights, Consumer Affairs and Agenda 2030 in December 2025 for irregularities in the publication of tourist accommodation advertisements.
In this way, the 'online' platform is obliged to pay the fine, according to what the Department headed by Pablo Bustinduy communicated this Monday, which has also indicated that, after the TSJM's resolution, the company still has the option to file an appeal for reconsideration before the court itself.
In the initial investigation, Consumer detected infringements in 65,122 ads disseminated through Airbnb, which were removed from the web in July 2025.
The Ministry noted "unfair commercial practices" by Airbnb with consumers by allowing advertisements for unlicensed tourist accommodation, thus violating the requirements of most regional regulations, which oblige the inclusion of the registration number in all advertising.
Consumer Affairs also verified that on the platform tourist accommodations were offered with a license or registration number that did not match the official numbering of the registrations, or advertisements in which truthful information was not provided about the legal status of the hosts, which constituted a practice of misleading advertising.
For these initial behaviors, the Ministry of Consumer Affairs imposed on the company a sanction for a serious infringement of 63.98 million euros, equivalent to six times the "illicit" profit that, according to the Department, Airbnb obtained with said practices while the listings remained active from the Ministry's warning until their withdrawal.
In addition, three other additional infractions were noted: the non-compliance with the regime or obligations of distance contracts, punishable with 10,000 euros; the obstruction or refusal to provide data or to allow information, surveillance or inspection tasks, punished with another 10,000 euros; and the non-compliance with the duties and prohibitions established by orders or provisional measures of the instructing body to avoid risks or damages to consumers and users during the processing of the file, sanctioned with 55,000 euros more.
Airbnb brought the total amount of the sanction before the courts, which led to the provisional suspension of the obligation to pay the fine. With the new order, the TSJM dismisses the request for precautionary measures with which the tourist accommodation platform intended to halt the payment until a final judgment was issued.