Appeal court judges in Amsterdam have ruled that a mass claim against Airbnb should be heard in Ireland rather than the Netherlands, because the company’s website is based there.

The case dates back to 2021, when claims foundation Stichting Massaschade & Consument launched proceedings against Airbnb for charging service fees to both landlords and holidaymakers. Around 50,000 consumers have joined the case.

But the court said on Wednesday that the Dutch legal system does not have jurisdiction because Airbnb’s operations and management are based in Ireland.

The foundation said the verdict was disappointing. The court, it said, had come up with an “especially consumer-unfriendly interpretation” of the rules, which made big tech firms in the EU untouchable.

The foundation is now considering its next steps and has not ruled out an appeal to the European Court of Justice.

Under Dutch housing law, agents are not allowed to charge both tenants and landlords but Supreme Court judges said earlier this does not cover the short term rental of holiday accommodation.

Airbnb told website Emerce.nl in a statement that it hoped Thursday’s ruling would bring the case to a definitive end.