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Case C-546/22, Schauinsland-Reisen: Judgment of the Court (Seventh Chamber) of 4 October 2024 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – GF v Schauinsland-Reisen GmbH (Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(3) – Termination of a package travel contract by the organiser – Unavoidable and extraordinary circumstances – Performance of the trip prevented as a result of such circumstances – Official recommendation advising against travel to the destination country due to the spread of COVID-19)
ECLI:EU:UNKNOWN:62022CA0546
62022CA0546
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Official Journal of the European Union
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C/2024/7005
(Case C-546/22, Schauinsland-Reisen)
(Reference for a preliminary ruling - Package travel and linked travel arrangements - Directive (EU) 2015/2302 - Article 12(3) - Termination of a package travel contract by the organiser - Unavoidable and extraordinary circumstances - Performance of the trip prevented as a result of such circumstances - Official recommendation advising against travel to the destination country due to the spread of COVID-19)
(C/2024/7005)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: GF
Defendant: Schauinsland-Reisen GmbH
Operative part of the judgment
Article 12(3)(b) of 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,
must be interpreted as meaning that, in order establish that it is prevented from performing a package travel contract due to unavoidable and extraordinary circumstances, within the meaning of that provision, the organiser can rely on the publication, by the competent authorities, of an official recommendation advising travellers against travelling to the area concerned, even though the traveller declared that he or she still wished to proceed with the trip and that it would not have been objectively impossible for the organiser to perform that travel contract. However, such a recommendation cannot constitute compelling evidence in that regard.
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ELI: http://data.europa.eu/eli/C/2024/7005/oj
ISSN 1977-091X (electronic edition)
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