652 COMPETITION LAW IN TOURISM of long-term development and provide benefits for the host community, bringing us closer to the concept of unsustainable tourism. It is necessary to influence planning and more specifically urban planning in order to reconcile tourism as the engine of economic development and the sustainability of destinations, as we face a growing demand for tourism. The controversial debate about the regulation of housing for tourist use is notorious not only in Spain but globally. The impact on free competition is also undeniable. The objective of this paper is to analyse, albeit briefly, the legal problems. Thus, a brief analysis of the jurisprudential position is carried out that looks at the norms that govern the activity of exploitation of collaborative hosting (VUT), as carried out by the Spanish Courts. In this regard, we have four particularly contentious issues: determination of the legal nature of the VUT; applicability of the European Directive on services in the internal market in urban planning instruments that are limiting this accommodation activity; possibility of assigning the rooms separately or of not offering them completely and the temporary limitations contained in some decrees that regulate the VUT. This paper also delves into the justification of such restrictions, obligations and controls, highlighting the main problem that this type of collaborative hosting entails: the difficulties of the Public Administrations to enforce the corresponding regulations. 2. POSITION OF THE JURISPRUDENCE ON LAWS AND REGULATIONS THAT GOVERN COLLABORATIVE HOSTING ACTIVITIES The position of the jurisprudence, especially the rulings by Superior Courts of Justice in different Autonomous Communities (and also incidentally that of the Constitutional Court andCourt of Justice of theEU), has been very heterogeneous and in some cases, discordant. This circumstance is due to the fact that in the recently approved VUT regulations, each Autonomous Community has drawn up its own regulations based on the criterion adopted, and that has proved quite discordant. Neither the Supreme Court nor the CJEU have provided guiding criteria on the most problematic issues. Themost problematic and controversial issues are basically four: determination of the legal nature of theVUT in relation to the rest of the tourist accommodations; applicability of Directive 2006 on services in the internal market in terms of the
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