On 23 March 2026, the Ministry of Social Rights, Consumer Affairs and the 2030 Agenda announced that the High Court of Justice of Madrid (TSJM) had refused to suspend, as an interim measure, the €64,055,311 fine it imposed on Airbnb in December 2025. For now, the platform will have to pay the fine while the court proceedings continue.

2026 context: this analysis is based on the Ministry’s press release of 23 March 2026 and on public reports from that date. The court proceedings may have moved on since then, so their current status should be checked.

What did the Madrid High Court decide?

Airbnb challenged the fine in court, which temporarily suspended the obligation to pay. It then asked, as an interim measure, for payment to remain suspended until a judgment was issued. The TSJM rejected that request, so the fine must be paid while the main appeal is decided.

The scope of this decision should not be overstated. Refusing an interim measure is not the same as upholding the fine. Whether an administrative act should be suspended is assessed under articles 129 et seq. of Law 29/1998 on Administrative Court Proceedings, which requires weighing, among other things, whether enforcement could defeat the legitimate purpose of the appeal and what interests are at stake. The main question, whether the fine complies with the law, is still pending judgment. The Ministry’s press release also does not set out the court’s reasoning.

According to the Ministry, Airbnb can file an appeal for reconsideration (recurso de reposición) before the same court. The company announced, as reported by several media outlets, that it would do so and that it regards the ruling as purely procedural and not addressing the substance of the case.

Which infringements did Consumer Affairs sanction?

The Ministry identified infringements in 65,122 listings, which had already been removed from the platform in July 2025. The total fine comes from four infringements of the Consolidated Text of the General Law for the Defence of Consumers and Users (TRLGDCU):

  • Unfair commercial practices (art. 47.1.m). Publishing listings without a licence or without the registration number required by most regional regulations, showing a licence or registration number that does not match the official registers, or publishing listings without truthful information about the legal nature of the hosts. This is a serious infringement, fined at €63,980,311, equal to six times the unlawful profit the Ministry attributes to Airbnb from the formal warning until the listings were removed.
  • Breach of distance contract obligations (art. 47.1.t). Omitting information about the legal nature of the host. Minor infringement: €10,000.
  • Obstruction or refusal to provide data (art. 47.1.i). The platform did not respond to Consumer Affairs’ requests during the investigation. Minor infringement: €10,000.
  • Breach of provisional measures (art. 47.1.o). Failing to comply with the orders or provisional measures issued while the proceedings were under way. Serious infringement: €55,000.

The four penalties add up to the €64,055,311 fine.

What does it mean for hosts?

The fine falls on the platform, not on individual hosts. Even so, the conduct Consumer Affairs objects to (advertising without a registration number, with a number that does not match the property, or without truthful information about who is offering the accommodation) directly concerns property owners:

  • A host’s liability is separate. The fact that the platform was fined does not remove the responsibility of anyone who advertises a property without the tourism authorisation required in their region, which can lead to a separate sanction proceeding.
  • Stricter checks on listings are likely. After the mass removal in 2025 and this fine, platforms can be expected to verify registration numbers more closely.
  • Information about the host matters. The infringement for omitting the host’s legal nature puts the spotlight on whether the listing truthfully says if the person offering the accommodation acts as a professional or as a private individual.

Since the Spanish Supreme Court judgment of May 2026, which annulled the State single registration procedure, the identifier that must appear in the listing is the registration or tourist licence number of each region. See our analysis of the annulment of the Single Rental Registry for details.

What should hosts check?

  • That the registration or licence number in the listing matches your property and the type of rental you offer.
  • That your tourism authorisation (licence, responsible declaration or registration) is valid under regional and municipal rules.
  • That the host details shown on the platform are truthful and up to date.
  • That you reply on time to any request from the authorities or the platform and keep your documents.

If you have received a request for information, a listing block or a proposed sanction, review the file before replying or paying. You can read our guide to Airbnb fines in Spain and our guide to administrative appeals.

Conclusion

The Madrid High Court’s decision does not settle whether the fine on Airbnb is lawful, but it does mean the platform must pay while the substance of the case is decided. For hosts, the practical message is the usual one: the listing must match the legal reality of the property, and it is wise to follow how the proceedings develop before drawing firm conclusions.

Frequently asked questions

Does Airbnb have to pay the €64 million fine now?

According to the Ministry’s press release of 23 March 2026, the Madrid High Court refused to suspend the fine as an interim measure, so Airbnb will have to pay the €64,055,311 while the main appeal is decided. The platform could file an appeal for reconsideration before the same court.

Does the Madrid High Court’s decision confirm that the fine is lawful?

No. Refusing an interim measure is not the same as upholding the fine. The main question is still pending judgment, and the Ministry’s press release does not set out the court’s reasoning.

Which infringements was Airbnb fined for?

Four infringements of the Consolidated Text of the General Law for the Defence of Consumers and Users: unfair commercial practices for publishing listings without a licence, with an incorrect registration number or without truthful information about the legal nature of the hosts (€63,980,311), omitting information in distance contracts (€10,000), obstructing the investigation (€10,000) and breaching provisional measures (€55,000).

Can I be fined as a host because of this fine?

The fine falls on the platform, not on individual hosts. However, the liability of anyone who advertises a property without the tourism authorisation required in their region is separate and can lead to a sanction proceeding of its own.

Which number must appear in my property’s listing?

Since the Spanish Supreme Court judgment of May 2026, which annulled the State single registration procedure, the identifier that must appear in the listing is the registration or tourist licence number of each region.

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