Are restaurants obliged to serve water for free: what are the rules in force in Ukraine and Europe?

Should a restaurant bring a glass of water to a visitor for free? This issue has become the subject of legal proceedings in Italy and has once again drawn attention to how customers’ access to drinking water is regulated in different countries.

The Department of Legal Support of the Dnipro City Council explained what rules apply in European countries and whether there is such an obligation for catering establishments in Ukraine.

Court in Italy: restaurant is not obliged to serve water for free

The basis for the clarification was the decision of the Italian Court of Cassation, which confirmed that restaurants and hotels are not obliged to provide visitors with tap water for free.

The legal story began during the Christmas holidays of 2019.

A guest of the five-star Hotel Sassongher in the resort town of Corvara in the Dolomites purchased a vacation package worth over 5,700 euros with half board. The booking conditions stipulated that drinks were not included in the cost of accommodation.

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

The visitor went to court, believing that access to drinking water is a fundamental human right, and therefore its provision should be included in the basic service. In addition, she demanded that the hotel pay 2,700 euros in material and moral compensation.

All courts refused to satisfy the claim.

The final point was put by the Italian Court of Cassation, which on April 29 confirmed: the country’s legislation does not impose an obligation on restaurants and hotels to provide free tap water, so each establishment has the right to independently determine the rules for serving its guests.

How it works in European countries

There are no uniform rules for all European countries.

In Germany, Belgium and the Netherlands, restaurants are not obliged to provide customers with free drinking water. In these countries, water is considered a separate product, and its price on the menu often exceeds the price of other soft drinks, and sometimes even beer.

Instead, a number of states have enshrined a corresponding obligation at the legislative level.

For example:

in Spain, a restaurant is obliged to offer tap water to a visitor;

in Portugal, it is forbidden to charge a separate fee for a carafe of such water;
in France, free water is traditionally served with a full meal;
in the UK, establishments that sell alcoholic beverages must provide water free of charge at the request of a customer.
Is there such an obligation in Ukraine

Ukrainian legislation does not contain norms that would oblige restaurants, cafes or other catering establishments to provide visitors with drinking water free of charge.

Therefore, each establishment makes the decision to provide water free of charge independently in accordance with its own commercial policy or service standards.

In practice, different approaches are used today:

some restaurants offer guests filtered water for free;
others sell only bottled mineral water;
some may charge a symbolic fee for a glass or carafe of water, explaining this by the costs of cleaning, filtering or servicing.
Refusal is not a violation of the law

The Department of Legal Support of the Dnipro City Council emphasizes: refusal to provide a free glass of water or an offer to purchase it separately does not in itself violate the requirements of Ukrainian legislation.

Currently, the issue of providing drinking water free of charge belongs exclusively to the commercial policy of a particular establishment, and not to a legally established obligation.

Thus, if a restaurant in Ukraine offers only paid bottled water or refuses to pour tap water for free, this is not a violation of consumer rights. At the same time, establishments can voluntarily introduce such a practice as an element of service and competitive advantage.