A recent ruling by Italy's Supreme Court of Cassation has clarified that restaurants, bars, and hotels across the country are under no legal obligation to provide customers with free drinking water from the tap. The decision, which has drawn attention from consumer groups and hospitality associations alike, highlights a notable divergence in practices across European Union member states.
The court's judgment stems from a case in which a customer challenged a restaurant's refusal to serve tap water, arguing that it should be a basic right. The justices, however, sided with the establishment, stating that Italian law does not impose such a duty on commercial operators. This contrasts with the situation in several other European countries where providing tap water is either customary or legally mandated.
A Patchwork of National Rules
Across the continent, the rules governing tap water in hospitality venues vary significantly. In France, since 2022, restaurants have been required by law to offer free tap water to customers upon request, a measure aimed at reducing plastic waste and promoting public health. Similarly, in Germany, while there is no explicit legal obligation, it is widely accepted practice for restaurants to serve tap water free of charge, especially when a customer orders other beverages.
In Spain, the situation is more fragmented. Some autonomous communities, such as Catalonia, have introduced local ordinances requiring establishments to provide free tap water. At the national level, a 2022 law on waste prevention encourages but does not mandate the practice. Portugal has no specific legal requirement, though many restaurants voluntarily offer tap water.
In Switzerland and Norway, tap water is generally considered safe and is often served without charge, though again, no law compels businesses to do so. The United Kingdom has a long-standing requirement under the Licensing Act 2003 that licensed premises must provide free drinking water, but this applies mainly to pubs and bars, not all restaurants.
The Italian ruling has reignited debate about consumer rights and environmental sustainability. Environmental groups argue that making tap water freely available could significantly reduce the consumption of single-use plastic bottles. According to a 2023 report by the European Environment Agency, Italy is one of the largest consumers of bottled water in Europe, with over 200 litres per capita annually.
Consumer associations in Italy have expressed disappointment, calling for legislative action to align the country with its European neighbours. "This ruling is a step backwards for both consumer protection and the environment," said a spokesperson for the Italian consumer group Altroconsumo. "We urge the government to introduce a clear legal framework that guarantees access to free tap water in all public establishments."
On the other hand, hospitality industry representatives have welcomed the clarity provided by the court. "Businesses should have the freedom to decide their own policies," argued a representative of FIPE, the Italian federation of public establishments. "Many already offer tap water as a courtesy, but imposing a legal obligation would create unnecessary administrative burdens."
The ruling also touches on broader issues of water quality and infrastructure. While Italian tap water is generally safe to drink, some regions face challenges with aging pipes or local contamination. The court's decision may prompt further discussion about investment in public water systems.
As Europe grapples with the twin challenges of climate change and resource efficiency, the question of tap water access is likely to remain a point of contention. For now, travellers and residents in Italy should be aware that while many establishments will still provide tap water if asked, they are not legally required to do so. In other parts of Europe, the rules—and customs—vary widely, making it wise to check local practices before assuming free water is available.
