IMPACT ON FREE COMPETITION IN THE REGULATIONS 659 4. CONCLUSION The position of the jurisprudence on the norms that govern the exploitation activity of the VUT has been heterogeneous and, sometimes, even discordant. One of the most problematic issues is the determination of the legal nature of the VUT in relation to other tourist accommodations, where two jurisprudential positions are given: one that advocates the introduction of a different legal regime for this type of accommodation and another that defends that the VUT is another category of tourist accommodation. Another controversial issue is the applicability of the Directive 2006, relating to services in the internal market, to urban planning instruments approved by the different town councils. Although different Hight Courts of Justice and the Supreme Court have considered that these limitations, even if they are particularly intense, of the Directive do not apply (and even if they did, such limitations could be perfectly justified), we cannot consider this issue as settled for two reasons: one, there are conflicting judgments and two, it is necessary to control the urban regulations (this has been recognized by the TJUE in a recent sentencing). However, we must bear in mind that the plans are not adequate instruments to regulate, prohibit or limit leases. Therefore, it is vital to demarcate what are mere leases of real estate from economic activities of professional tourist accommodation. Other limitations that are also controversial are, among others: the impossibility of assigning separately rooms of a VUT and temporary restrictions with respect to the minimum and maximum period of stay. A critical vision of the administrative regulations developed so far is necessary. It is fundamental to achieve the necessary market unity and the regulatory framework for the provision of services. However, these restrictions, obligations and controls may be fully justified when there is a compelling reason in the general interest (public safety, protection of user rights, the environment, protection of the urban environment) and are proportionate. In this sense, such limitations seem to be justified in the regulations that govern this activity for two important reasons: protection of consumers and users or the requirement of a minimum level of quality in the provision of services and the right of access to housing. The effects of the proliferation of VUTs are known: rising rental prices and the consequent gentrification of tourism in urban areas. Faced with this global phenomenon of tourist rental, the answers have been
RkJQdWJsaXNoZXIy MTE4NzM5Nw==