The Barcelona's town hall must pay 3.000 euros that it imposed on the Idealista portal and to pay interest for the time elapsed. The Administrative Contentious Court number 16 of Barcelona has fully estimated one of the six appeals filed by Idealistic and condemns the government led by There's Colau, the real estate portal itself has advanced [see here].
THE CITY COUNCIL LOSES AGAINST IDEALISTA
in sentencing, the judge acknowledges that the portal is not a real estate agency and, Thus, is not responsible for including the rental price reference index in the advertisements. Also, the judge considers that the consistory makes an extensive and reinforced interpretation of the concept of real estate agent.
Justice has recognized that Idealista is a service provider of the accommodation information society that only puts users in contact through the platform.
CANCELLATION OF THE SANCTION
for the judge, the imposition of a penalty by the City Council of the Catalan capital based on an infringement of the Law on the right to housing of Catalonia supposes a violation of the principle of legality and typicity.
Thus, cancel the penalty and condemns the City Council to return the amount paid plus legal interest from the date of admission to Idealista.