Personal identification of guests: the Council of State confirms the requirement for all accommodation facilities, including tourist rentals
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Cinzia Colaluca
Publishing Year 2026 Issue 2026/48
Language Italian Pages 13 P. 294-306 File size 195 KB
DOI 10.3280/DT2026-048012
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The ruling of the Council of State on November 21, 2025, no. 9101, overturned the decision of the Lazio Regional Administrative Court (TAR) no. 10210/2025, which had annulled Circular no. 38138 of 2024 issued by the Ministry of the Interior, regarding the obligation to identify guests of accommodation facilities in person, as required by Article 109, R.D. June 18, 1931, no. 773. The ruling is relevant to the tourist rental sector, as it confirms the requirement for personal identification of guests for all accommodation facilities, including short-term ones, and criticizes check-in procedures without visual inspection, which are incompatible with the rationale of Article 109. Finally, the Court addresses the compatibility of automated access systems with the core mandate of the provision.
Cinzia Colaluca, Identificazione de visu degli ospiti: il Consiglio di Stato conferma l’obbligo per tutte le strutture ricettive, comprese le locazioni turistiche in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 48/2026, pp 294-306, DOI: 10.3280/DT2026-048012