In essence, the French-speaking Court of First Instance of Brussels considered the refusal by the City of Brussels to process applications for fire safety compliance certificates for tourist residences to be unlawful. The City of Brussels has been ordered, subject to penalty payments, to comply (i.e. to acknowledge receipt of and process the applications).
Furthermore, the Judge confirmed that the regulatory framework governing tourist accommodation does indeed fall within the scope of the EU Services Directive, and that such conduct by the City of Brussels constitutes an obstacle to an economic activity. According to the Judge, this behaviour also amounts to a fault whose consequences are compensable.
While the sector had remained attentive and determined to amend the current prohibition regime, the present judgment of the Court of First Instance is therefore welcomed with considerable hope. It represents an important step — certainly not the last — that will support other major legal actions, including in particular the action for annulment of the Ordinance of 1 February 2024 filed before the Constitutional Court on August 5, with the referral of preliminary questions to the Court of Justice of the European Union (CJEU).
STR-Belgium’s objective remains clear, unchanged and unwavering: to evolve the current regime governing non-hotel tourist accommodation (tourist residences) in the Brussels-Capital Region toward a proportionate, evidence-based and non-discriminatory regulatory framework, in compliance with the EU Services Directive.
The legal pathway has unfortunately been made necessary by the attitude of the outgoing regional and municipal majorities, whose prohibition policies — implemented for purely electoral purposes and targeting the tourist residence sector as the scapegoat for the acute housing crisis — lack any robust scientific justification and do not reflect the reality on the ground, to the detriment of Brussels residents (noise disturbances, waste management, etc.).
STR-Belgium has full confidence in the future and hopes to finally initiate, from the beginning of 2025, the necessary political process. The organisation remains fully available to the future governing majorities currently being formed in order to co-construct a genuine regulatory framework, using existing and/or evolving urban planning and technological tools (quotas, PRAS revision — Share the City, smart noise meters, certification schemes, etc.).
To be continued…
