30.5.2023

Official Journal of the European Union

C 189/24

(Case C-170/23, trendtours Touristik)

(2023/C 189/31)

Language of the case: German

Referring court

Parties to the main proceedings

Defendant and appellant: trendtours Touristik GmbH

Applicant and respondent: SH

Questions referred

1.Is the first sentence of Article 12(2) of Directive (EU) 2015/2302 (1) 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 2001/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (‘the Package Travel Directive’) to be interpreted as meaning that the organiser’s entitlement to compensation for termination does not lapse if, at the time of the trip, there are no longer any significant adverse effects resulting from unavoidable and extraordinary circumstances, even if such circumstances had reportedly existed at an earlier point in time and those circumstances would have resulted in significant adverse effects, or does the answer to the question as to whether or not unavoidable and extraordinary circumstances are significantly affecting the trip depend solely on a decision made on the basis of a prediction at the time of the declaration of termination?

2.If the determinative factor is a decision made on the basis of a prediction, up to what point in time must the traveller wait until he or she is entitled to issue his or her declaration of termination without being required to pay compensation for termination, even if the significant adverse effects resulting from unavoidable and extraordinary circumstances subsequently cease?

(1) Directive (EU) 2015/2302 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).