17.4.2010

Official Journal of the European Union

C 100/18

(Case C-32/10)

2010/C 100/28

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Toni Georgiev Semerdzhiev

Defendant: Del-Pi-Krasimira Mancheva

Questions referred

1.Are the provisions of Directive 90/314/EEC applicable to the present case [the subject-matter of the dispute in the main proceedings]?

2.How is the term ‘other tourist services’ in Article 2(1)(c) of Directive 90/314/EEC to be interpreted, and does that term cover the organiser’s obligation to insure the consumer?

—What risks must be covered by the insurance contract concluded, on behalf of the consumer, between the organiser and the insurance company?

—What type of insurance must be provided by the insurance contract concluded, on behalf of the consumer, between the organiser and the insurance company: a group insurance policy covering all the participants in the package tour or an individual insurance policy covering each individual participant in the package tour?

3.Is the organiser’s obligation under Article 4(1)(b)(iv) of Directive 90/314/EEC to provide the consumer before the start of the tour with information on the optional conclusion of an insurance policy to cover the costs of assistance, including repatriation, in the event of an accident to be interpreted as meaning that it includes the organiser’s obligation to conclude an individual insurance policy with the consumer covering the costs of assistance, including repatriation, in the event of an accident?

4.Is the organiser of the tour obliged under Directive 90/314/EEC to provide the consumer with the original insurance policy before the tour commences?

5.How is the term ‘damage’ resulting for the consumer from the failure to perform, or the improper performance of, the contract in Article 5(2) of Directive 90/314/EEC to be interpreted?

6.Does the term ‘damage’ resulting for the consumer from the failure to perform, or the improper performance of, the contract in Article 5(2) of Directive 90/314/EEC also cover liability in respect of non-material damage suffered by the consumer?

7.How are the third and fourth subparagraphs of Article 5(2) of Directive 90/314/EEC to be interpreted in the event of claims for compensation in respect of non-material damage on the ground of personal injury which are based on the failure to perform, or the improper performance of, the services under the contract, including the failure to provide the consumer with the original insurance policy, in the case where the latter does not provide for any limitation of liability to pay compensation?

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59).