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Case C-134/11: Judgment of the Court (Fifth Chamber) of 16 February 2012 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Jürgen Blödel-Pawlik v HanseMerkur Reiseversicherung AG (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)
ECLI:EU:UNKNOWN:62011CA0134
62011CA0134
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Official Journal of the European Union
C 98/10
(Case C-134/11) (<span class="super">1</span>)
(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)
2012/C 98/13
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Jürgen Blödel-Pawlik
Defendant: HanseMerkur Reiseversicherung AG
Re:
Reference for a preliminary ruling — Landgericht Hamburg — Interpretation of Article 7 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59) — Protection against the risk of insolvency or bankruptcy of the organiser — Insolvency of the organiser on account of misappropriation of the funds transferred by consumers — Applicability of Directive 90/314/EEC
Operative part of the judgment
Article 7 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours is to be interpreted as covering a situation in which the insolvency of the travel organiser is attributable to its own fraudulent conduct.
* * *
(<span class="super">1</span>) OJ C 179, 18.6.2011.