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Case C-578/19: Judgment of the Court (Third Chamber) of 18 March 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — X v Kuoni Travel Ltd (Reference for a preliminary ruling — Directive 90/314/EEC — Article 5(2), third indent — Package travel, package holidays and package tours — Contract concerning package travel concluded between a travel organiser and a consumer — Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services — Damage resulting from the acts of an employee of a supplier of services — Exemption from liability — Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services — Concept of a ‘supplier of services’)
ECLI:EU:UNKNOWN:62019CA0578
62019CA0578
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10.5.2021
Official Journal of the European Union
C 182/10
(Case C-578/19)
(Reference for a preliminary ruling - Directive 90/314/EEC - Article 5(2), third indent - Package travel, package holidays and package tours - Contract concerning package travel concluded between a travel organiser and a consumer - Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services - Damage resulting from the acts of an employee of a supplier of services - Exemption from liability - Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services - Concept of a ‘supplier of services’)
(2021/C 182/13)
Language of the case: English
Referring court
Parties to the main proceedings
Appellant: X
Respondent: Kuoni Travel Ltd
Intervener: ABTA Ltd
Operative part of the judgment
The third indent of Article 5(2) of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, in so far as it provides for a ground for exemption from liability of an organiser of package travel for the proper performance of the obligations arising from a contract relating to such travel, concluded between that organiser and a consumer and governed by that directive, must be interpreted as meaning that, in the event of non-performance or improper performance of those obligations, which is the result of the actions of an employee of a supplier of services performing that contract:
—that employee cannot be regarded as a supplier of services for the purposes of the application of that provision, and
—the organiser cannot be exempted from its liability arising from such non-performance or improper performance, pursuant to that provision.
(1)
OJ C 328, 30.9.2019.