ORDER NO. 15
YEAR 2026
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Giovanni AMOROSO;
Judges: Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI, Massimo LUCIANI, Maria Alessandra SANDULLI, Francesco Saverio MARINI,
has issued the following
ORDER
in the constitutional legitimacy judgment concerning Article 42, paragraph 2, of the Law of the Autonomous Province of Bolzano of June 17, 2025, No. 6 (Housing Reform 2025), initiated by the President of the Council of Ministers with an appeal served on August 7, 2025, filed in the Registry on August 8, 2025, registered under No. 29 of the appeals registry for 2025 and published in the Official Gazette of the Republic No. 38, special first series, of the year 2025.
Having seen the statement of defense of the Autonomous Province of Bolzano;
having heard in the deliberation hearing of January 26, 2026, the Reporting Judge Giovanni Pitruzzella;
deliberated in the deliberation hearing of January 26, 2026.
Whereas, with an appeal served on August 7, 2025, and filed on August 8, 2025, registered under No. 29 of the appeals registry for 2025, the President of the Council of Ministers, represented and defended by the State Advocate General, challenged Article 42, paragraph 2, of the Law of the Autonomous Province of Bolzano of June 17, 2025, No. 6 (Housing Reform 2025), which, following the first sentence of paragraph 1 of Article 1 of the Law of the Autonomous Province of Bolzano of May 11, 1995, No. 12 (Regulation of the rental of furnished rooms and apartments for holidays), had added the following sentence: "The activity must be carried out in the same building where the person’s residence or the legal seat of the enterprise conducting the activity is registered”;
whereas, following the amendment, Article 1, paragraph 1, of Provincial Law No. 12 of 1995 was worded as follows: "Anyone who provides accommodation services in no more than eight rooms or five furnished apartments per municipality, located in buildings not classified as instrumental assets, is subject to the provisions of this law. The activity must be carried out in the same building where the person’s residence or the legal seat of the enterprise conducting the activity is registered”;
whereas the second sentence of Article 1, paragraph 1, of Provincial Law No. 12 of 1995 was subsequently "repealed” by Article 6, paragraph 2, of the Law of the Autonomous Province of Bolzano of October 14, 2025, No. 12 (Amendments to the Budget Law of the Autonomous Province of Bolzano 2025-2027 and other provisions);
whereas the aforementioned Article 42, paragraph 2, of Provincial Law No. 6 of 2025 was challenged for conflict with: a) Article 8, numbers 5), 6), and 20), of the Decree of the President of the Republic of August 31, 1972, No. 670 (Approval of the consolidated text of the constitutional laws concerning the Special Statute for Trentino-Alto Adige), as it allegedly does not regulate the matters of town planning, landscape protection, and tourism; b) Article 117, second paragraph, letters e) and l), of the Constitution, as it allegedly "severely limits the possibility for (only) property owners in the Autonomous Province of Bolzano to fully exercise their right of ownership”; c) Articles 3 and 42 of the Constitution, as it allegedly results in "an unreasonable, disproportionate, and substantially unjustified limitation of the owner's right”; d) Articles 3 and 41 of the Constitution, for violation of the principle of equality and infringement of the freedom of private economic initiative; e) Articles 11, 41, and 117 of the Constitution, Articles 49 and 56 of the Treaty on the Functioning of the European Union, and Directive 2006/123/EC of the European Parliament and of the Council of December 12, 2006, relating to services in the internal market, as the "absolute locational constraint” allegedly unreasonably restricts access to economic activity;
whereas the Autonomous Province of Bolzano filed its statement of defense on September 15, 2025, contending the manifest inadmissibility and/or lack of merit of all the claims;
whereas on October 7, 2025, the Association Host + Host filed a written opinion pursuant to Article 6 of the Supplementary Provisions for proceedings before the Constitutional Court;
whereas this opinion was admitted by Presidential Decree of December 3, 2025.
Considering that, with an act filed on December 30, 2025, the President of the Council of Ministers withdrew the appeal, following the approval of the Council of Ministers on December 11, 2025, noting that the challenged provision had been repealed by Article 6, paragraph 2, of the aforementioned Provincial Law No. 12 of 2025, and the Autonomous Province of Bolzano had communicated that it had not implemented it during its period of validity;
whereas the Autonomous Province of Bolzano accepted the withdrawal, pursuant to the approval of the Provincial Board of December 30, 2025, No. 1136, with an act filed on January 2, 2026;
whereas, pursuant to Article 25 of the Supplementary Provisions for proceedings before the Constitutional Court, the withdrawal of the appeal by the appellant in principal, accepted by the constituted respondent, leads to the termination of the proceedings.
For these reasons
THE CONSTITUTIONAL COURT
declares the proceedings terminated.
Decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on January 26, 2026.
Signed:
Giovanni AMOROSO, President
Giovanni PITRUZZELLA, Rapporteur
Roberto MILANA, Registrar
Filed in the Registry on February 17, 2026