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Case C-584/22: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 5 September 2022 — QM v Kiwi Tours GmbH
ECLI:EU:UNKNOWN:62022CN0584
62022CN0584
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Valentina R., lawyer
21.11.2022
EN
Official Journal of the European Union
C 441/17
(Case C-584/22)
(2022/C 441/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant on a point of law: QM
Defendant and respondent in the appeal on a point of law: Kiwi Tours GmbH
Questions referred
Is Article 12(2) of Directive (EU) 2015/2302 (1) to be interpreted
1.as meaning that the assessment of the justification of the termination must be based solely on such unavoidable and extraordinary circumstances as have already occurred at the time of termination,
2.or as meaning that it is also necessary to take into account unavoidable and extraordinary circumstances that actually occur after the termination but before the planned start of the journey?
(1) Directive of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ 2015 L 326, p. 1).