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Case C-396/221: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, NS v FTI Touristik GmbH (Reference for a preliminary ruling — Directive (EU) 2015/2302 — Article 14(1) — Package travel and linked travel arrangements — Performance of a package travel contract — Liability of the organiser concerned — Measures to fight the worldwide spread of an infectious disease — COVID-19 pandemic — Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries — Lack of conformity of the services provided as part of the package concerned — Appropriate reduction in the price of that package)

ECLI:EU:UNKNOWN:62021CA0396

62021CA0396

January 12, 2023
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27.2.2023

Official Journal of the European Union

C 71/11

(Case C-396/221) (Reference for a preliminary ruling - Directive (EU) 2015/2302 - Article 14(1) - Package travel and linked travel arrangements - Performance of a package travel contract - Liability of the organiser concerned - Measures to fight the worldwide spread of an infectious disease - COVID-19 pandemic - Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries - Lack of conformity of the services provided as part of the package concerned - Appropriate reduction in the price of that package)

(2023/C 71/12)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: KT, NS

Defendant: FTI Touristik GmbH

Operative part of the judgment

Article 14(1) 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 a traveller is entitled to a reduction in the price of his or her package holiday where a lack of conformity of the travel services included in the package is due to restrictions that have been imposed at the travel destination to fight the spread of an infectious disease and such restrictions have also been imposed in the traveller’s place of residence and in other countries due to the worldwide spread of that disease. In order for that price reduction to be appropriate, it must be assessed in the light of the services included in the package concerned and must correspond to the value of the services for which a lack of conformity has been found.

Language of the case: German.

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