Treballadors pel Lloguer Turístic welcomes CJEU AG opinion on arbitrary short-term rental restrictions

BARCELONA, Spain, April 22, 2026 /PRNewswire/ -- Treballadors pel Lloguer Turístic (TLT) welcomes the Opinion of the Advocate General of the CJEU in Case C-813/24, Smartflats. Although it is not yet the final judgment, the opinion suggests that public authorities cannot impose discretionary or disproportionate restrictions on tourist accommodation.

The case examines EU rules on tourist accommodation and highlights a key point: planning permissions or certificates cannot become an administrative black box, with no objective criteria and excessive political discretion. EU law requires regulation to be proportionate, transparent and predictable.

This principle could have implications in Catalonia. Decree-Law 3/2023 subjects tourist accommodation properties to prior planning permission, limits authorisations and sets an expiry date for existing licences. Barcelona has announced the closure of the city's 10,000 tourist flats by 2028. But the measure extends across Catalonia, affecting coastal and Pyrenean municipalities, where 50,000 HUT licences are expected to disappear. According to TLT, implementation of the Decree-Law could amount to the largest collective redundancy in Catalonia's history, with 200,000 workers affected directly and indirectly.

Guillem Laporta, president of TLT, said "European institutions are beginning to set limits on a way of governing based more on political narrative than on evidence. The Catalan regulation is neither proportionate nor justified by any empirical study. What is at stake is thousands of jobs linked to tourist rentals."

TLT reiterated that it will continue to defend fair, balanced and data-driven regulation that protects access to housing and the jobs and economic activity that depend on the sector. The organisation called on the Catalan government and Barcelona City Council to abandon their strategy of confrontation and blanket vetoes, and to open dialogue with affected workers.

About Treballadors pel Lloguer Turístic

Treballadors pel Lloguer Turístic (TLT) is a movement of workers affected by Decree-Law 3/2023. It represents workers, local suppliers and self-employed operators linked to short-stay rentals in areas including cleaning, maintenance, management, laundry, software development, catering, retail and local services.

About Decree-Law 3/2023

Decree-Law 3/2023 provides for the expiry in November 2028 of the HUT licences currently in force in Catalonia. The measure affects 95,000 properties and 200,000 workers directly and indirectly. It was approved by the government led by Pere Aragonès on 7 November 2023. On 20 September 2025, the former president announced his departure from politics to run his family's hotel chain.

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