Catering and banqueting, in fact, have found application both in the private sphere and among public bodies and corporations, and have therefore sparked a debate concerning their legal classification in order to determine the applicable regulatory framework, given the current legislative gap11. VII. CATERING Catering, an ‘atypical’ contract of Anglo-Saxon origin, has its roots in maritime law and constitutes a complex contractual arrangement whereby the caterer undertakes to supply another party with ready-made or home-prepared meals in exchange for payment12. This definition, developed by legal scholarship but not unanimously accepted13, certainly identifies a specific type of catering; however, based on an observation of contractual practice, it appears to exclude various other forms. In practice, this term is often used to refer to complex supplies of goods or services related and/or connected to food and beverage provision, which may differ greatly from one another14. The level and complexity of the services that the caterer is required to organize are determined by the will of the parties, as an expression of their contractual autonomy, which in turn depends on the commercial context in which the activity is carried out. For this reason, legal scholarship has identified various types of catering, which may be summarized as follows: corporate catering, educational facility canteens, hospital catering, institutional catering, catering as an ancillary service to transport activities, and tourism-related catering15. 4, letter c, Art. 3, paragraph 4, letter c; Prime Ministerial Decree of 14 January 2021 Art.1, paragraph 10, letter gg, Art.2, paragraph 4, letter c, Art.3, paragraph 4, letter c; Prime Ministerial Decree of 2 March 2021 Art. 27, paragraph 4, Art. 37, paragraph 2, Art. 46, paragraph 1. 11 The first bill for their regulation is from 20 January 1999, with the aim not only of giving them a legal qualification, but also of identifying solutions to issues of a fiscal and criminal law, administrative nature, regarding the disturbance of public peace caused by the proliferation of events in places not designated for it. The topic is highly relevant today. There is certainly no intention of prohibiting or hindering this new activity aimed at satisfying those who intend to celebrate particular intentions in pleasant places using important buildings, parks or gardens far from homes. However, to avoid the inconveniences... a specific regulation of this activity is now necessary. Chamber of Deputies, bill n.5577, 20 January 1999. 12 Similar definition in G. Petrillo, Catering, in Dig. disc. Priv.Sez. comm., III, Torino, 1988, p. 60 et seq. 13 Addante, Il contratto di catering, in Bocchini (edited by), I contratti di somministrazione, Torino, 2006, p. 652, He states that in catering “different categories are usually included, which can essentially be traced back to a single figure in terms of socio-economic function”. 14 Several authors have expressed their opinion on the qualification of this contract since it entered into commercial practice. See: G. Santini, I servizi. Nuovo saggio di economia del diritto, Bologna, 1987; M. Pittalis, Catering, in Contr. E impresa, 1989, p. 265 et seq.; G. Petrillo, cit., p. 60 et seq. on the subject of naval and in-flight catering. 15 For the classification of catering activities, see: M. Pittalis, Catering, in Contratto e Impresa, 1989, p. 265 ss; 38 VINCENZO FRANCESCHELLI | SARA D´URSO | ALESSANDRA CORRADO
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