International Journal of Tourism, Travel and Hospitality Law This decision of the Supreme Court for jurisprudential uniformity refers to the norms of the Civil Code on horizontal property, without establishing the necessary compatibility with the "mixed public/private" procedure provided in the local accommodation regime and analysed above, which considers that: "This means constitutes only an administrative protection which, in addition to presenting a fragile guarantee of the exercise of condominium rights, does not even contemplate the protection of each participant in cases where there is a use of the unit different from the destination given to it by the condominium statute, nor the hypotheses of the condominium prohibitions of acts or activities violation, in the terms provided for, respectively, in sub-paragraphs c) and d) of number 2 of Article 1422 of the Civil Code, regardless of their degree of application and may come close to the protection granted to the condominium and not strictly speaking to the participants, limited to acts of disturbance similar to the type of acts provided for in Article 1346 of the CC". At last, if we bear in mind that a very considerable part of local accommodation establishments is operated in flats in buildings constituted in horizontal property and that, in the constitutive deeds, the fractions that are not intended for commercial use are generally marked as being intended for housing, we can foresee the hecatomb that is about to occur in local accommodation20 . Furthermore, it should be kept in mind that the alteration of the destination of each unit implies, as a rule, the alteration of the project approved by the municipality, in which the destination of each unit is stated, which implies the unanimous agreement of the neighbours. The now-published uniform jurisprudence ruling renders illegal most of the local accommodation establishments currently existing in Portugal.21 And it constitutes a major constraint for future projects.22 20 It is reported in the Portuguese press that there has been a large increase in the number of decisions by homeowners' associations prohibiting registration as local accommodation, since this ruling was handed down, https://www.dinheirovivo.pt/economia/ha-condominios-que-ja-estao-a-pedir-o-fecho-de-alojamentos-locais14900211.html, accessed on 04/06/2022. 21 It should be noted that the grounds of the judgment do not refer specifically to condominiums, but to all buildings whose declared use is as dwellings and which are registered in the National Register of Local Accommodation (RNAL). 22 This is, moreover, the basis of the dissenting opinion, which lucidly draws attention to the fact that "the established case law translates into the illegality of all local accommodation operations installed in autonomous fractions of buildings constituted in horizontal property intended for 'housing', even if they are registered and have a title of opening to the public, so that any condominium owner can separately demand the cessation of such activity, with the prospect of an avalanche of processes of this nature and a major disruption in this not inconsiderable sector of economic activity". With Manuel Atienza, we say: “Una vez más, conviene tener muy presente que “respuesta correcta” no es necesariamente lo mismo que “respuesta última” jurídicamente vinculante; y que, precisamente, uno de los fundamentos de la institución del voto disidente es contribuir a que, a medio o a largo plazo, las respuestas correctas logren ser también las respuestas últimas, las asumidas por el tribunal.” (Atienza, 2020, pág. 111)
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