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Case C-546/22: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 16 August 2022 — GF v Schauinsland-Reisen GmbH
ECLI:EU:UNKNOWN:62022CN0546
62022CN0546
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24.10.2022
Official Journal of the European Union
C 408/34
(Case C-546/22)
(2022/C 408/45)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: GF
Defendant: Schauinsland-Reisen GmbH
Questions referred
1.Is Article 12(3) 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 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (package travel directive) to be interpreted as meaning that, for an organiser to rely on unavoidable and extraordinary circumstances preventing performance of a contract, it is sufficient that the authority authorised in the customer’s Member State to issue travel warnings has issued the highest-level warning for the destination country before the start of the proposed journey?
2.If the answer to Question 1 is in the affirmative: Is Article 12(3) of Directive (EU) 2015/2302 to be interpreted as meaning that there are no unavoidable and extraordinary circumstances in a case where the traveller, who is aware of the travel warning and the uncertainty as to the subsequent development of the pandemic, has nevertheless stated that he wishes to proceed with the journey and that it would not have been impossible for the organiser to carry it out?
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).