MEP Juan Fernando López Aguilar (S&D) has asked the European Commission whether Spain's 'unitary use' principle for tourist establishments violates EU rules on freedom of establishment. In a parliamentary question dated 23 July 2026, the MEP argues that the principle forces small-scale owners of holiday apartments or bungalows to hand over their properties to a single operator, which then pays them minimal returns while owners face fines if they try to use or rent out the property themselves.
The question invokes Article 49 of the Treaty on the Functioning of the European Union (TFEU), which prohibits restrictions on freedom of establishment, and Directive 2006/123/EC on services in the internal market. López Aguilar suggests that the regional rules in Spain effectively create an abuse of a dominant position by the designated operator, leaving owners with no choice but to comply.
The MEP asks the Commission to clarify its position on whether the unitary use principle is compatible with Article 49 TFEU. The Commission typically has six weeks to respond to parliamentary questions, and its answer will signal whether it sees a potential infringement of internal market rules. The issue affects small property owners in Spanish tourist regions, holiday rental platforms, and regional authorities that enforce the principle.