On February 10, 2025, the Canary Islands Vacation Rental Association (ASCAV) filed a formal complaint with the European Commission against the Government of the Canary Islands regarding the Vacation Rental Law Project, whose official name is Law on Sustainable Planning of Tourist Use of Housing in the Canary Islands.
Once the complaint was admitted for processing by the Commission, ASCAV was summoned to appear in Brussels before the body and present firsthand the "flagrant illegalities" incurred by the Law Project by the Ministry of Tourism of the Government of the Canary Islands.
The meeting took place on Wednesday, March 11, 2025, as reported by the association in a statement. ASCAV emphasized that the Ministry of Tourism has omitted an essential issue in the processing of the Project, which is required by community regulations (specifically Directive 2006/123/EC of the European Parliament and of the Council.
This rule refers to services in the internal market, whose art. 15.7 states that: "Member States shall notify the Commission of any new legal, regulatory or administrative provision providing for requirements within the meaning of paragraph 6, stating the reasons for such requirements. The Commission shall communicate these provisions to the other Member States (...)”.
The aforementioned legal paragraph refers, among others, to the introduction of limitations on the exercise of service activities, as is the case with the Law Project. But the Commission confirmed to ASCAV that the Government of the Canary Islands, to date, has not complied with the procedure despite having committed to it.
If the Commission verifies, after the corresponding process, that the Canary Islands regulations introduce limitations on the exercise of the vacation rental activity, an infringement procedure against Spain may be opened for violation of the Union's rules.
ASCAV has also appeared before the European Commission for two other complaints, whose relevance at the present time requires maximum confidentiality in order not to prejudice the instruction of the process. As confirmed to the association, one of them will be resolved in the coming weeks.
