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Case C-45/23, MS Amlin Insurance: Request for a preliminary ruling from the Nederlandstalige Ondernemingsrechtbank Brussel (Belgium) lodged on 31 January 2023 — A, B, C, D v MS Amlin Insurance SE
ECLI:EU:UNKNOWN:62023CN0045
62023CN0045
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Official Journal of the European Union
C 155/31
(Case C-45/23, MS Amlin Insurance)
(2023/C 155/40)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellants: A, B, C, D
Respondent: MS Amlin Insurance SE
Question referred
Should Article 17(1) of Directive 2015/2302 (1) of the European Parliament and 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, be interpreted as meaning that the security which it requires also applies to the refund of all sums already paid by travellers or on their behalf where the traveller terminates the package travel contract by reason of unavoidable and extraordinary circumstances within the meaning of Article 12(2) of that Directive and the organiser is declared insolvent after the termination of the package travel contract on that basis, but before those sums have actually been refunded to the traveller, as a result of which that traveller suffers a financial loss and consequently bears an economic risk in the event of the organiser’s liquidation?
(1) OJ 2015 L 326, p. 1.
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Language of the case: Dutch