Tourist Residences: TV Licence Fee Must Be Borne by the Operator

The French Council of State, the highest administrative court in France, ruled that the television licence fee applicable to tourist residences must be borne by the operator managing the residence.

The Court held that this charge cannot be imposed either on the individual owner of the apartment or on the temporary occupant. It reasoned that: (i) an apartment leased to and operated by a management company cannot be regarded as forming part of the owner’s personal residence; and (ii) the occupants only use the apartment on a short-term basis and therefore cannot be treated as liable for the television licence fee.

(Council of State, 6 June 2018, n°411510, Soderev Tour)