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High Court of Justice of Madrid
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High Court of Justice of Madrid

Madrid's highest regional court handling Airbnb's appeal against Spain's €64m STR fine.

The High Court of Justice of Madrid still holds Airbnb's motion to reconsider the €64m fine it refused to suspend on 23 March 2026; no hearing date was set by mid-June, and the Supreme Court's May registry ruling gave Airbnb a new argument.

Last refreshed: 3 October 2026 · Appears in 2 active topics

Key Question

How does the Supreme Court voiding Spain's STR registry affect Airbnb's appeal in Madrid?

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Background

The High Court of Justice of Madrid (Tribunal Superior de Justicia de Madrid, TSJM) is the highest court in the Community of Madrid. Created under Spain's 1985 Organic Law of the Judiciary, it sits above the region's ordinary courts and below the Tribunal Supremo. Its chambers hear civil and criminal, contentious-administrative and social appeals, and its administrative chamber reviews sanctions imposed by central ministries based in the capital.

That administrative role brought it Airbnb's challenge to the €64m fine imposed by the Ministry of Consumer Affairs in December 2025. the Court refused on 23 March 2026 to suspend the fine while the appeal runs, which means the sanction stands but is not yet a ruling on the merits. By 20 May the Court had still set no hearing date on Airbnb's reconsideration motion.

the Court's eventual ruling carries weight beyond Madrid. the Supreme Court's STS 620/2026 of 21 May moved short-let registration to the regions, and how the TSJM treats that ruling will shape whether national consumer-protection fines remain a tool against short-stay platforms.

Key Issues
Airbnb fine

The court let the €64m fine stand

On 23 March 2026 the Court refused to pause the €64m fine Spain's Ministry of Consumer Affairs imposed on Airbnb for unlicensed listings and falsified registration numbers. The refusal made it the first platform enforcement action of its kind in the EU to survive a suspension challenge.

Airbnb answered with a motion asking the Court to reconsider, and no hearing date had been set by 28 April. The ground shifted on 21 May, when the Supreme Court voided The National short-let registration number on competence grounds. That ruling does not bind this court's decision on the fine, but it hands Airbnb a competence argument the Court must now weigh when it rules on the merits.

Common Questions

Reference

What is the Tribunal Superior de Justicia de Madrid?
It is the highest court within the Madrid Autonomous Community, handling administrative, civil, criminal and social appeals. It sits below Spain's Supreme Court and has been handling Airbnb's challenge to the €64m STR fine since March 2026.
Is the Airbnb appeal in Madrid the same as the Supreme Court STR case?
No. The Airbnb reconsideration motion is before the High Court of Justice of Madrid (TSJM), a regional appellate court. the Supreme Court case (STS 620/2026) was brought by the Generalitat Valenciana and concerns the constitutional validity of Spain's national STR registration number. They are separate proceedings before different courts.Source: event
How does Spain's Supreme Court ruling affect Airbnb's appeal in Madrid?
Spain's Tribunal Supremo in STS 620/2026 (21 May 2026) voided The National STR registration number on constitutional grounds. This is a ruling by a different, higher court than the TSJM; it does not directly decide Airbnb's appeal, but gives Airbnb a competence-based argument to deploy in its pending reconsideration motion.Source: event
What does the Madrid STR court case mean for EU short-term rental enforcement?
The TSJM ruling is the first EU national court refusal to suspend an STR enforcement action, establishing that consumer-affairs powers can reach platform behaviour. Its eventual substantive ruling will set the template for how platforms contest national STR fines across the EU under Regulation 2024/1028.Source: event
Will Airbnb win its appeal against the Spanish STR fine?
The outcome is uncertain. The TSJM's 23 March refusal to suspend enforcement was a significant setback for Airbnb. The reconsideration motion filed in April 2026 has no hearing date. The substantive appeal on the merits remains outstanding.Source: Lowdown
Did the Madrid court suspend Airbnb's €64 million fine?
No. The High Court of Justice of Madrid refused on 23 March 2026 to suspend the fine. Airbnb filed a reconsideration motion in late April 2026 but no hearing date has been set as of June 2026.Source: event
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