Are Restaurants Obliged to Serve Water for Free: What the Law Provides in Ukraine and Europe

The Legal Support Department of the Dnipro City Council explained how the issue of free drinking water in restaurants is regulated in various European countries and what rules apply in Ukraine.

The clarification was prompted by a decision of the Italian Court of Cassation, which confirmed that restaurants and hotels are not obliged to serve tap water to visitors for free.

What caused the court case in Italy

The story began during the Christmas holidays of 2019. A guest of the five-star Hotel Sassongher in the resort town of Corvara in the Dolomite Alps purchased a vacation package worth over 5700 euros with half board. The booking conditions stipulated that drinks were not included in the accommodation price.

During dinner, the woman asked for ordinary tap water, but the staff offered only bottled mineral water for 7 euros.

The visitor went to court, claiming that access to drinking water is one of the fundamental human rights and that its provision should be part of the basic service. In addition, she demanded 2700 euros in material and moral compensation from the hotel.

All courts rejected the claim. The final decision was made by the Italian Court of Cassation on April 29, recognizing that the country's legislation does not impose an obligation on restaurants and hotels to serve tap water for free, so establishments can independently determine their service policy.

What rules apply in European countries

The approach to this issue varies across European countries.

In Germany, Belgium, and the Netherlands, the law does not require catering establishments to provide drinking water for free. There it is considered a separate product, and its price on the menu often exceeds the cost of other non-alcoholic drinks, and sometimes even beer.

At the same time, other countries have different rules:

• in Spain, restaurants are obliged to offer visitors tap water;
• in Portugal, the law prohibits charging separately for a carafe of such water;
• in France, free water is served with a full meal;
• in the United Kingdom, establishments that sell alcoholic beverages must provide water free of charge upon customer request.

What Ukrainian legislation provides

In Ukraine, current legislation does not contain provisions that oblige restaurants, cafes, or other public catering establishments to provide visitors with drinking water free of charge.

Therefore, the decision whether to provide water free of charge is made independently by the administration of each establishment according to its own commercial policy or service standards.

In practice, different approaches are applied:

• some establishments offer filtered water to visitors for free;
• others sell only bottled mineral water;
• some may charge a symbolic fee for a glass of water, explaining this by filtration or service costs.

The Legal Support Department of the Dnipro City Council emphasizes that refusal to provide a free glass of water or offering to purchase it separately is not in itself a violation of Ukrainian legislation. Currently, this issue belongs to the commercial policy of a particular establishment, not to a legally established obligation.

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