The municipal decree banning short-term rentals in Nice from February 6 to 20 to limit the spread of Covid-19 was once again struck down by the courts. The Council of State stated its decision, noting that there was no compelling reason related to particular local circumstances. It also mentioned that this ban “constitutes a serious and manifestly illegal infringement on the right to property and the freedom of commerce and industry.”
Mayors can only take additional measures against the epidemic if circumstances specific to their municipality require it, unless “compelling reasons related to local circumstances make these measures indispensable,” the Council of State reminds. It argues that in the absence of such conditions, the ban “constitutes a serious and manifestly illegal infringement on the right to property and the freedom of commerce and industry.”
In short, a municipality is not a chieftaincy where the Mayor can do as he pleases.
“I acknowledge this decision: in France, only the State can intervene regarding health decisions, even though the government itself emphasizes the effectiveness of a local approach represented by the Prefect-Mayor duo!” reacted Christian Estrosi, who had clearly taken the side of hoteliers in their dispute with short-term rental professionals, whom the former accuse of unfair competition.
