Although Directive 2011/83/EU13 on consumer rights was originally designed with distance and off-premises contracts in mind, it remains highly relevant to restaurant services consumed on-site. Its core principles—ensuring transparency, informed choice, and a fair balance in consumer–trader relationships—extend to any commercial transaction in which consumers make purchasing decisions. While traditional restaurant visits are excluded from certain procedural rights, the directive continues to shape the standards governing the provision of clear, timely, and accurate information. This concerns, in particular, the nature of the service provided, pricing, applicable taxes, mandatory service charges, and any conditions likely to affect the consumer’s decision-making process14. Within the internal market, restaurants are also subject to additional obligations regarding the intelligibility and accessibility of consumer information. Particular attention must also be given to the correct and intelligible presentation of ingredients and allergens, which constitute material information under EU consumer law. Besides that, dish descriptions must be formulated in a manner comprehensible to a wide range of consumers, in order to fulfil the transparency objective set out in the directive. This includes the use of unambiguous symbols, mandatory allergen disclosure, and the avoidance of vague or misleading expressions—especially in relation to product origin, portion sizes, or healthrelated claims. The directive’s relevance becomes particularly apparent in so-called hybrid situations, such as online table reservations, prepaid tasting menus, or the sale of gift vouchers—where elements of distance contracting are present. In such cases, applicable legal standards become more stringent, requiring enhanced transparency, explicit consumer consent, and precise disclosure of limitations and exclusions. It should be noted that unfortunately enforcement of consumer protection standards in the restaurant sector is often hindered by the low value and high frequency of transactions, where formal legal remedies are frequently replaced by informal complaint-handling mechanisms15. 13 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (http://data.europa.eu/eli/dir/2011/83/2022-05-28). 14 Filimonau, V., Matute, J., Durydiwka, M., Faracik, R., Mika, M., & Zajadacz, A. (2018). The determinants of more responsible restaurant food choice in Poland. Journal of Sustainable Tourism, 26(8), 1398–1416. https://doi.org/ 10.1080/09669582.2018.1456542 (access: 1.05.2025). 15 Commission notice Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (Text with EEA relevance) 2021/C 525/01: https://eur-lex.europa. eu/legal-content/EN/TXT/?uri=CELEX%3A52021XC1229%2804%29&qid=1640961745514 (access: 1.05.2025). 545 THE REGULATION OF RESTAURANT SERVICES CONSUMED ON-SITE IN EU CONSUMER LAW
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