to have qualified personnel (chefs, waiters, cleaning personnel etc.), who have direct contact with food and drink products at the time of preparation and serving. They have to comply with sanitary and hygienic norms and follow special requirements for food preparation. Furthermore, they need to obtain the required documents (certificates, results of state sanitary-epidemiological examination by the public health authorities etc.)45. VII. LEGAL CLASSIFICATION ACCORDING TO THE NATURE OF THE CONTRACT 7.1. Challenges in the Restaurant Catering Contract According to the traditional legal approach of contracts in civil law46, any type, kind or subtype of contract has its own procedures for conclusion, execution, termination and its own special rules (apart from the general ones) of the legal consequences of non-performance or improper performance of the contractual obligations. The application of special contractual typological features varies and depends on the type of civil law (special) contracts the catering contract could be attributed to, according to its legal nature and the basic contractual elements (essentialia negotii)47. Particularly in the catering contract – according to its subject and scope in contract’s ‘duty to receive’ or ‘duty to provide reasonable accommodation’, see John R. Goodwin & Jolie R. Gaston, Hotel, Hospitality, & Tourism Law, 5th ed., Gorsuch Scarisbrick Pub, Scottsdale-Arizona,1996, p. 193. The reasons why in Anglo-American law hoteliers are exempted from the obligation to enter into a hospitality contract are: i) if the customer is unwilling or unable to pay for a room or other establishment privileges, ii) if the customer is visibly under the influence of alcohol or other drugs or creating a public nuisance, iii) if the customer’s use of a room or accommodation would violate the facility’s maximum capacity, iv) if the innkeeper reasonably believes the person will use the room or facility for an unlawful purpose, v) if the innkeeper reasonably believes the person will bring in something that would create an unreasonable danger or risk to others. On the point iii) see Browne v. Brandt 1902 1 KB 696, 698 (there is no obligation to allow customers to stay in a common area, e.g., at the reception desk). However, ius cogens provisions both in hospitality contract and in package travel contract are related with the consumer protection policy, see Art. 23 and recital 46 of the Preamble of the Directive (EU) 2015/2302, supra n. 22. 45 See Art. 6, 8 of the Ministerial Decision Υ1γ/Γ.Π/οικ. 47829/21.06.2017 (supra n. 36). Compare in generally the Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, OJ L 139, 30.04.2004, pp. 1-54 (in the current consolidated version from 24.03.2021), especially Art. 5 and Annex II, Chapter VIII (ELI: http://data.europa.eu/eli/reg/2004/852/oj). In the EU countries food hygiene is a domain primarily regulated through binding, directly applicable EU norms, namely the Regulations (EU) 178/2002, 852/2004, 853/2004, 854/2004 and 882/2004. In the Greek legal order food safety and consumer protection is the primary responsibility of the “Food Control Authority” (“EFET”), which is supervised by the Ministry of Rural Development & Food and appointed as the contact point for the European food authorities and the Codex Alimentarius Commission. 46 Stathopoulos & Karampatzos, supra n. 10, Nos. 12, 24-25 et seq., 29 et seq., 332-333 et seq. 47 Supra n. 28, in chapter 3. 70 APOSTOLOS TASSIKAS
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