Is the request of the owner of a bar or restaurant who asks the customer to leave the table in favor of other customers lawful?

First of all, it should be noted that no law establishes time limits within which a customer can occupy a table for the consumption of breakfast, aperitif, lunch or dinner, as this is an original contractual service provided by the venue.

In the absence of legislative provisions or specific notices, we cannot do anything other than refer to commercial uses as a result of which on the one hand the owner of the establishment can allow the customer to occupy a table subject to consumption, on the other the customer can enjoy of an adequate deadline to conclude the meal.

In essence, it is legitimate for the customer, once the meal is finished, to stay at the table for a reasonable period to spend time with the other diners.

On the customer side, it is equally reasonable that the customer cannot stay, for example, for an entire morning or evening with a "minimal" drink, given that in this case the owner of the establishment is entitled to ask for a new drink or to free up the table.

This is based on a general principle of good faith provided for by the Civil Code which requires the parties, when executing a contract, to behave towards each other in a correct manner.

Naturally, it is difficult to imagine the emergence of a dispute in the case of table occupation... common sense is enough!

Author: Alessandro Klun

(@acenacondiritto)