The restaurateur and the customer’s health: food preservation, restaurant safety, liability: the Italian point of view Filippo Moreschi1 The nature of the catering contract. – The restaurateur liability and the “unforeseeable circumstance” (“fortuitous event”). – Customer intoxication: restaurateur’s liability and “fortuitous event”. – Consumer customer and tourist customer. – Conclusions. The liability of the restaurateur to customers for the damage caused by his activity has been greatly expanded over the years to include aspects that were not previously covered. This paper, starting from Italian and European legislation and the principles of the Romanistic legal tradition, examines the most recent orientations of jurisprudence, especially the italian one, concerning the nature of the catering contract, the obligations of the restaurateur, responsibilities, especially for the preservation of food products and the protection of customer’s health. Keywords: Food, gastronomy, restaurant, restaurateur, damage, catering, health, liability, consumer, contract, protection, obligations, intoxication, European Union regulations, Italy, italian law, roman law, jurisprudence, vacation, unforeseeable circumstance, fortuitous event. THE NATURE OF THE CATERING CONTRACT Under Italian law, the catering relationship, which is established when the restaurateur administers food and drink to the customer, is a contract. According to the framework given by the Italian Corte di Cassazione, the Highest Appeals Court in Italy (also known as “Supreme Court”), the catering relationship is an atypical contract, because it cannot be framed in the contract types provided by the Italian Civil Code. DOI 10.60559/gl07 1 Italian lawyer in Mantua, Vice President of UGIVI – Unione Giuristi della Vite e del Vino.
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