Tap water is not a right if you are in an Italian restaurant
Imagine yourself in one of Italy's most spectacular locations, the Dolomites, ready to enjoy a ski week in a five-star hotel during the Christmas and New Year's holidays of 2019.
Bottled water for 7 euros vs. tap water
The protagonist of this story is a tourist from Rome who decided to challenge the hotel's policy after being served a 0.75-liter bottle of mineral water at her table every evening for €7. Despite the woman's offer to pay for tap water rather than drink bottled water, the staff remained adamant. The tourist refused, taking the case to court and staunchly maintaining that "water is a natural resource and a universal human right."
For the woman, the ability to drink tap water at the restaurant wasn't a whim, but an essential part of the hotel service, comparable to "finding a bed with sheets, a warm room, and soap in the bathroom." In the court documents, her lawyers argued that "the free provision of a minimum vital quantity is necessary to meet essential needs and must be guaranteed." Convinced of her rights, she requested compensation of €2,700 to cover both the financial loss and the severe emotional distress she suffered during her vacation.
However, Italian law takes a different view on the matter. Lawyer Silvio Belardi, who represented the hotel, explained that the Court ruled that "there is no obligation to provide tap water" in public establishments. According to the defense, the restaurant was simply adhering to a luxury standard: "Company policy, as in many high-end establishments, is to serve only bottled water at the table, which is sealed." Belardi also pointed out a notable practical detail before the judges: "We also argued that if a person wanted tap water, they could easily get it at the hotel, just not at the restaurant."
After being rejected at first instance in Rome and subsequently on appeal, the case reached the Court of Cassation. The Supreme Court judges confirmed that there is no law in Italy requiring restaurant or hotel owners to serve tap water to their guests, leaving the choice to the discretion of each individual owner. The final verdict left no room for doubt, and the tourist's claims were definitively dismissed. The hotel's lawyer concluded by emphasizing the failure of the compensation claim: "The woman claimed to have suffered damages, including financial and moral harm. This was dismissed for lack of evidence."
This ruling clarifies a point that often causes confusion among tourists, especially those accustomed to countries like England or Wales, where licensed establishments are required by law to serve free drinking water upon request. In Italy, however, asking for tap water at restaurants is not yet a widespread practice, although attitudes are changing thanks to those who want to avoid plastic. For now, however, if you're staying in a high-end hotel and want to save the €7 a bottle, you're better off refreshing yourself directly from the tap in your room.
