21.11.2022

Official Journal of the European Union

C 441/5

(Case C-529/22)

(2022/C 441/09)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant and appellant: PA

Defendant and respondent: trendtours Touristik GmbH

Questions referred

1.Must Article 12(2) of Directive (EU) 2015/2302 (1) of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU and repealing Council Directive 90/314/EEC (‘the Package Travel Directive’) be interpreted as providing for a further right of termination — in addition to that provided for in Article 12(1) of that directive — the legal consequences of which apply only if the traveller invokes, in his or her declaration of termination, unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination?

2.Must Article 12(2) of the Package Travel Directive be interpreted as meaning that an obligation to pay a termination fee does not cease to apply where the traveller does not state a reason when terminating the package and justifies the termination only subsequently by reference to unavoidable and extraordinary circumstances at the time of termination, this being determined by means of a prognosis, or occurring at the time of travel at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination?

* Language of the case: German.

(1) OJ 2015 L 326, p. 1.