AGCOM (Communications Regulatory Authority) withdraws its case against Airbnb at the Council of State
by Fulvio Sarzana, Attorney at law in Rome, Italy Avvocato in Roma
It ends with the renunciation of the appeal to the Council of State, filed by the Communications Regulatory Authority (AGCOM), the case which concerned the provisions on providers of intermediation services and online search engines, such as Airbnb, Expedia, Google, Amazon e Vacation Rentalsand on the additional obligations imposed on these by national legislation and by the acts of the Communications Regulatory Authority
This is what emerges from a ruling of the sixth section of the Council of State, pubblicata il 13 aprile scorso.
As you may recall, in Italy, providers of online intermediation services and search engines, such as Airbnb, Expedia, Google, Amazon, and Vacation Rentals, were subject to certain obligations under national provisions. These provisions were adopted in 2020 and 2021, with the stated aim of ensuring the adequate and effective application of the rules
The providers of such services must, in particular, register in a register kept by an administrative authority (Agcom), periodically send her a document on their financial situation, provide her with a series of detailed information, and pay her a financial contribution. Penalties are foreseen for failure to comply with these obligations.
The TAR Lazio had already accepted the appeal of Airbnb, ma but AGCOM he had nevertheless decided to appeal to the Council of State.
However, close to the public hearing of 9 April 2026, the Authority filed a notice of waiver of the appeal and the Council of State ruled as follows:
“Noting that, with a document filed on 6 March 2026 and notified to the opposing party, the Appellate Authority – given the consolidated case law on the matter – declared that it was waiving the appeal proceedings;
Noting that the respondent Company, with a note filed on 2 April 2026, communicated that it had taken note of the declaration of waiver of the proceedings and requested, as a result, that the appeal be decided without oral discussion, without prejudice to the request that AGCom be ordered to pay the costs of the proceedings;
Considering, therefore, that the Panel has no other option, pursuant to Article 35, paragraph 2, letter c), of the Code of Civil Procedure, than to declare the termination of the proceedings by waiver;
Considering, given the peculiarity of the dispute, that the conditions exist for ordering the compensation of the legal costs.
for these reasons
The Council of State, in its jurisdictional capacity, Sixth Section, definitively ruling, declares the extinction of the proceedings due to the waiver of the appeal in question (Regional Rules no. 1850 of 2025).
compensated legal costs
Orders that this judgment be executed by the administrative authority.
AGCOM (Communications Regulatory Authority) withdraws its case against Airbnb at the Council of State
English 
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