Abstract

The paper identifies, in the long the grounds of the decision of the Adunanza Plenaria, the parts that have the value of nomofilachia and therefore imply the stare decisis for the Consiglio di Stato: it is essentially the admissibility of the use restriction for real estate cultural assets. The paper urges a limited and very prudent use of this breakthrough, which can have dangerous consequences for the sector. The paper also underlines the brand new interpretation that the sentence gives to art. 7-bis of the Codice dei beni culturali e del paesaggio, now read as a complementary rule to those on the declaration of public interest. At the same time, the decision deserves sharing for having underlined that cultural heritage can only be material: which, almost paradoxically, implicitly confirms the original and usual reading of the same provision.