These contracts have the same structure; in fact, the service provider, like the contractor, undertakes to perform a work or service, but the “prestatore di opera” carries out the activity predominantly with his labour. Consequently, the “appaltatore di servizi” is a large and medium - sized entrepreneur, while the so called “prestatore di opera” is a small one2. Thus, it is asserted, these figures “are distinguished by the size of the enterprise”3; in fact, “in the so called ‘contratto di appalto’, the execution of what has been entrusted takes place with a significant organisation, whereas in the so called ‘contratto di prestazione di opera’ with the prevalent work of the executor, if at all assisted by some collaborators”4. Again, in a so called “contratto di prestazione di opera” “the human factor is evaluated as prevalent and the activity is not considered as instrumental to the realisation of the good, but the object of the obligation”5. The providing service contract is a doing and, over the preparation of food and, where appropriate, beverages, the articulated offer of services prevails, united on the functional side and characterised by the performance in organised premises, with several concomitant initiatives, aimed at the overall satisfaction of homogeneous needs; albeit with less complexity, the activity of the bar has the same configuration. Therefore, in the majority of cases, it is an “appalto di servizi”, since, in modern economic society, it is performed by companies with a significant articulation and with the use of instrumental goods, especially for the preservation of food and its cooking. The activity is at the centre of sophisticated administrative and criminal regulation to protect public and consumer interests. While the most frequent contracts are those concluded with restaurants and bars, their qualification is similar; in the latter case, consumption takes place on the premises and a service is offered, albeit less articulate and complex. Therefore, the agreement entered into with the operator of a bar can be traced back either to an “appalto di servizi” or to a “contratto di prestazione di opera”, depending on the organisational dimension of the enterprise. The same conclusions must be reached with regard to the so - called self - service. This is a simpler model, as table service is missing, 2 Cf. Trib. Milano 11 May 2015, in Giur. it. rep., 2015, according to which, “in the so called ‘contratto di appalto’, the execution of the commissioned work takes place with an organisation of medium and large enterprises, whereas, in the so called ‘contratto di prestazione di opera’, with the prevalent work of the person in charge, who may avail himself of the collaboration of members of his family or of some collaborators, according to the organisational model of the small enterprise”. 3 See Trib. Lecce 28 July 2016, in Giur. it. rep., 2016. 4 Cf. App. Ancona 1 February 2016, in Giur. it. rep., 2016. 5 See Trib. Perugia 24 February 2014, in Giur. it. rep., 2015. 22 CHIARA TINCANI
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