the use of table and seats80. This reasoning is consistent with the case81 in which no charge is allowed to be made for the use of the so-called ‘cover charge’82. Thus, the connection of the charge with the value of the consumed product is highlighted. This leads to the conclusion that the use of ‘cover charge’ is done without consideration, a fact that brings the restaurant contract closer to commodatum regarding its ancillary performances and not regarding the primary (core) performances which are the food preparation and servicing for consuming (sale and elements of performance of service83). 7.4. Own Proposal Despite the presence in the catering contract of typological elements (i.e. conditions, subject and results) similar to other types of nominated contracts84, one single subject is easily recognisable under the catering contract: the expected result that the parties sought at the time of its conclusion, i.e. ensuring food, nourishment by order of the customer. The catering contract should be recognised as an agreement of the parties under which the performer, by order of the customer, undertakes to organize or carry out the provision of nourishment for the customer or persons designated by them in the manner, place and time determined by the customer. Moreover, the restaurant and the catering performance should be in compliance with the requirements of legislation regarding the quality and safety of food products, while the customer undertakes to accept such provision and pay for it. Such a definition encompasses contractual core elements which are based on the approach regarding the special object of the contract. This refers to requirements that should be applied to the subjects of food production, dishes, personnel, and requirements regarding the quality of food products both at the stage of their production and at the stage of their supply as well as ensuring consumption safety (compliance with sanitary and hygiene rules etc.). Foods, drinks or other products and services of low quality or are no longer fit for consumption are harmful for health or even the life of the consumers, and thus a special condition for such a contract should be the requirement for safety. 80 Supra n. 71. 81 See in Greece the Ministerial Decision 91354/2017 (supra n. 39), Art. 72 para 5 titled “Provision of cover charge in dining, entertainment and amusement centres”. 82 For the meaning of “cover charge” (in French: «couvert») and the business considerations referring to it, see https://en.wikipedia.org/wiki/Cover_charge (accessed 15 July 2025). 83 See for the performance of services, supra n. 52, 55, 62, 63. 84 Supra n. 17, 52, 59. 78 APOSTOLOS TASSIKAS
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