Italy's highest court has ruled that hotels are not legally obligated to serve tap water to their guests, dismissing a complaint filed by a tourist against a luxury hotel in the Dolomites ski resort. The decision, issued by the Court of Cassation in late April and reported by national media this week, upholds earlier rulings by two lower courts.
Case Background
The dispute originated when a tourist stayed at the five-star Hotel Sassongher in Corvara during the 2020 New Year holidays. The hotel refused to provide her with tap water during meals, offering instead bottled mineral water at a cost of €7 ($8.15) per bottle. The guest subsequently filed a lawsuit seeking more than €2,700 in damages, arguing that water is a natural good and a universal human right under constitutional and national sources. She contended that the free provision of a minimum amount of water necessary to meet essential needs must be guaranteed.
Court's Decision
The Court of Cassation, Italy's highest judicial authority, determined that Italian law does not oblige bars or restaurants to serve tap water to customers. The court emphasized that there is no legal requirement for establishments to provide free tap water, even if a guest requests it. The ruling effectively upholds the principle that businesses have the discretion to decide what beverages to offer, including whether to charge for bottled water.
Hotel Sassongher declined to comment on the ruling, while the tourist's lawyer did not immediately respond to a request for comment. The case highlights the ongoing debate over access to water in commercial settings, particularly in the hospitality industry.
European Context
There is no single European Union law requiring all member states to provide free tap water upon request. The EU Drinking Water Directive encourages restaurants to offer tap water, but it does not impose a general obligation. This leaves the matter to individual member states' national legislation. In Italy, the court's decision clarifies that no such obligation exists under current law.
The ruling has sparked discussions among consumer rights groups and environmental advocates, who argue that charging for bottled water encourages plastic waste and undermines the principle of water as a basic human right. However, industry representatives have welcomed the decision, citing operational freedom and the costs associated with serving tap water.
