Italian Court Upholds Property Rights in Tap Water Ruling
The decision reinforces the principle that businesses have the right to determine their service offerings.

Italy's highest court has affirmed the rights of private businesses to determine the scope of their service offerings, ruling that hotels are not legally obligated to provide tap water to tourists. The case, involving a tourist at the five-star Hotel Sassongher in Corvara who sought compensation after being offered bottled water, underscores the importance of respecting private property rights and limiting government mandates on businesses.
The court's decision reinforces the principle that businesses should have the autonomy to decide how to operate and what services to provide to customers. Mandating that hotels provide tap water would constitute an unwarranted intrusion into the free market and could impose unnecessary costs on businesses. The tourist's argument that water is a universal human right does not negate the hotel's right to manage its resources and offer services as it sees fit.
The Italian Supreme Court's ruling aligns with conservative principles of limited government and free enterprise. It avoids setting a precedent that could lead to further government intervention in the operation of private businesses. The legal requirement in England and Wales for licensed venues to provide free tap water represents a regulatory burden on businesses and a departure from the principles of free market economics.
The court's decision also acknowledges the potential for businesses to innovate and offer differentiated services. By allowing hotels to choose whether or not to provide tap water, the ruling promotes competition and allows businesses to cater to different customer preferences. Some tourists may prefer bottled water for its taste or perceived purity, and hotels should have the freedom to offer that option.
Furthermore, the court's decision recognizes the importance of fiscal responsibility and avoiding unnecessary government spending. Mandating tap water provision could create additional regulatory and enforcement costs for the government, which would ultimately be borne by taxpayers. Preserving the autonomy of businesses promotes economic efficiency and reduces the need for government intervention. The ruling protects the rights of business owners and promotes a free and competitive market, ultimately benefiting both businesses and consumers.


