A recent decision by the Court of Cassation established that in Italy there is no obligation for restaurants, bars and hotels to serve tap water to customers. The case arises from a dispute involving a five-star hotel in the Dolomites where, during a stay in 2019, a customer was refused mains water service, offering only bottled water for a fee.
The customer, who had spent over 5,700 euros for half board, had asked to be able to drink tap water even by paying a supplement, but the facility had maintained its refusal. The matter reached the final level of judgement, with a request for compensation of around 2,700 euros, which was then definitively rejected.
The principle established by the judges
According to the Court of Cassation, in the Italian legal system there is no rule that requires managers of accommodation or restaurant facilities to provide free drinking water or water from the water supply. In other words, the choice falls within the commercial freedom of the individual merchant.
The central point of the decision is the distinction between what the consumer can “expect” and what is “legally due”. Although many customers consider water an essential service, the law does not automatically equate it to included items such as bread, cover charge or room service.
Comparison with the rest of Europe
The situation changes radically as soon as we look beyond the Italian borders. In Spain, for example, recent legislation forces venues to offer free tap water as a sustainable alternative to bottles. Even in Portugal the principle is similar: mains water must be available without additional costs.
In France, however, the “carafe d’eau” tradition requires restaurateurs to serve free water, but only if the customer orders a full meal. In the United Kingdom, the obligation is linked to alcohol sales licenses: those who serve drinks must guarantee drinking water on request. The situation is very different in Germany, Belgium and the Netherlands, where water is treated like any other commercial product, often with non-negligible costs at the table.
The knot between law, environment and tourism
The Italian case reopens a broader debate: is water an essential good or a commercial service? Consumer associations argue that, especially in a tourist country, access to water should be guaranteed for reasons of public health and environmental sustainability, reducing the consumption of plastic bottles.
Other observers, however, defend the sentence as an expression of freedom of enterprise, recalling that the costs of managing and safety of water in the premises can justify different choices. The Supreme Court’s decision does not close the debate, but amplifies it. Between sustainability, consumer rights and commercial freedom, Italy remains in an intermediate position compared to the rest of Europe. And the theme of water at the table continues to be one of the most symbolic of the relationship between citizens, businesses and essential services.
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