Gastronomy Law

Restaurant contracts and gastronomy Chiara Tincani1 I. The qualification of the contract concluded with restaurants and the related agreements. – II. The contractual liability of restaurateurs. – III. The reservation. – IV. Customer reviews published on computer systems. – V. Copyright and gastronomy. VI. The recent legislative decree no. 219 of 2024 on the protection and valorisation of historical places of commerce and artisan workshops of particular historical, cultural and commercial importance. The essay analyses the Proposal for a Directive of the European Parliament and of the Council, amending Directive 2015 / 2302 / EU, which attempts to resolve doubts that have arisen on provisions that are considered unclear, such as the definition of a package, which covers so - called click - through packages or related services, of which it gives an overly articulated description. The aim is simplification, with clearer rules that can be easier to apply. Keywords: Directive 2015/2302/EU, Proposal, Amendments, Protection, Tourists. I. THE QUALIFICATION OF THE CONTRACT CONCLUDED WITH RESTAURANTS AND THE RELATED CONTRACTS Under Italian law, with a restaurant contract, a company undertakes for consideration to provide meals and beverages in a furnished and equipped venue in which it conducts its business. In essence, a performance is offered consisting of services carried out by qualified personnel. Functions of an ancillary nature, such as musical entertainment, cloakroom service or car care, may be added to the supply of food. Therefore, due to the pre - eminence of the element of doing, the contract can be categorised as either “contratto di prestazione di opera” or “appalto di servizi”. DOI 10.60559/gl02 1 University of Verona.

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