ECJ Directive 90/314/EEC – Package travel, package holidays and package tours – Article 7 – Protection against the risk of insolvency or bankruptcy on the part of the package organiser – Scope – Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers Judges: Safjan P Citations: C-134/11, [2012] … Continue reading Blodel-Pawlik v HanseMerkur Reiseversicherung AG: ECJ 16 Feb 2012
Tourists having paid an operator before their departure were forced to pay a second time before leaving their hotel. The operators insolvency allowed them to claim from operator’s insurers under the protection of the Directive. Citations: Times 18-May-1998, C-346/96, [1998] EUECJ C-346/96 Links: Bailii Statutes: Council Directive 90/314/EEC on package holidays Jurisdiction: European Consumer Updated: … Continue reading Verein Fur Konsumenten-Information v Osterreichische Kreditsversicherungs Ag: ECJ 18 May 1998
ECJ Sixth VAT Directive – Special scheme for travel agents and tour operators – Article 26(1) – Scope – Package comprising travel to the host State and/or the stay in that State and language tuition – Principal service and ancillary service – Definition – Directive 90/314/EEC on package travel, package holidays and package tours. Citations: … Continue reading Finanzamt Heidelberg v Ist internationale Sprach- und Studienreisen GmbH: ECJ 13 Oct 2005
The claimant had been raped by a member of staff at the hotel in Sri Lanka booked through the respondent travel company. She now appealed from dismissal of the claim. Held: Questions were referred to the ECJ, namely: ‘(1) Where there has been a failure to perform or an improper performance of the obligations arising … Continue reading X v Kuoni Travel Ltd: SC 24 Jul 2019
A company, organising student exchanges between member states, where the exchanges may be for six months at a time, was wrongly required to register as a travel agent, and to provide the associated financial security. This action was not within the . .