Free tap water in restaurants: Even if Italy says no, some European countries gladly offer it

A recent ruling by the Italian Court of Cassation has established that, in Italy, there is no obligation for restaurants, bars and hotels to serve tap water to their customers. The case stems from a dispute involving a five-star hotel in the Dolomites where, during a stay in 2019, a guest was refused tap water, as the hotel only offered bottled water for a fee.

The guest, who had spent over 5,700 euros on a half-board package, asked to be allowed to drink tap water, even at extra cost, but the establishment refused. The case went as far as the final appeal, with a claim for compensation of around 2,700 euros, which was finally rejected.

The principle established by the judges

According to the Court of Cassation, the Italian legal system does not require hotel or restaurant operators to provide free drinking water or water from the mains. In other words, this choice is a matter of commercial freedom for each operator.

The crux of the decision is the distinction between what the consumer can "expect" to receive and what is, on the contrary, "legally due". Although many customers consider water to be an essential service, the law does not automatically equate it with included items such as bread, cutlery or room service.

Comparison with the rest of Europe

The situation changes radically when we look beyond Italy's borders. In Spain, for example, recent regulations require establishments to offer free tap water as a sustainable alternative to bottled water. In Portugal, too, the principle is similar: mains water must be available at no extra charge.

In France, on the other hand, the tradition of the "carafe d'eau" requires restaurateurs to serve free water, but only if the customer orders a full meal. In the UK, this obligation is linked to liquor licenses: any establishment serving alcoholic beverages must guarantee drinking water on request. The situation is very different in Germany, Belgium and the Netherlands, where water is treated as a commercial product in its own right, often at considerable cost at the table.

The crux of the problem: between law, environment and tourism

The Italian case reopens a wider 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, in order to reduce the consumption of plastic bottles.

Other observers, on the other hand, defend the ruling as an expression of entrepreneurial freedom, pointing out that the costs of water management and safety in establishments can justify different choices. The Court of Cassation's decision does not end 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 question of water served at the table remains one of the most telling symbols of the relationship between citizens, companies and essential services.