Joining friends for a meal at a restaurant but not hungry enough to order? French law says no one can force you to eat or drink anything, but the establishment does have some legitimate options if you decline.
Under Article 1103 of the French Civil Code, legally formed contracts have the force of law between the parties who made them. A contract between a diner and a restaurant only comes into existence at the moment an order is placed. If a customer orders nothing, no legal text binds them to the restaurateur.
Restaurateurs can set conditions
That said, restaurant owners are free to set the terms of access and service at their establishments. Article L121-11 of the French Consumer Code prohibits refusing service to a customer without legitimate grounds, but consumer law authorities and case law recognise that a restaurateur can cite legitimate reasons, including the intended use of tables during service hours and the terms of their alcohol licence.
During lunch and dinner service, a restaurant may reserve its tables for customers ordering full meals. A venue holding a Restaurant Licence, rather than a standard drinks licence, is legally permitted to serve alcohol only as an accompaniment to a meal.
Tables reserved for paying customers
When a dining room is full or service is at its peak, a restaurateur can refuse to hold a seat and place setting for someone who is not ordering. A server may make seating conditional on ordering at least something. The customer remains free to accept that condition or leave.
To enforce such a policy, the restaurateur must inform customers in advance, displayed clearly before an order is taken or at the time of booking. The Union des metiers de l’industrie et de l’hotellerie confirmed to TF1info that owners are bound by precontractual disclosure requirements under Articles L. 111-1 and L. 112-1 of the Consumer Code, as well as the decree of 27 March 1987 on price display in establishments serving food and drink on the premises.
In practice, ordering a light alternative such as a drink, a starter, a juice, or a dessert is usually enough to satisfy the establishment’s requirements without the discomfort of a full meal.
