(Case C-32/10)

Article 92(1) of the Rules of Procedure – Directive 90/314/EEC – Package travel, package holidays and package tours – Facts preceding the accession of the Republic of Bulgaria to the European Union – Manifest lack of jurisdiction of the Court to answer the questions referred

Preliminary rulings – Jurisdiction of the Court – Limits – Interpretation of a Community directive in proceedings antedating the accession of a Member State to the European Union – Not included (Art. 267 TFEU) (see paras 25-27)

Reference for a preliminary ruling – Varhoven kasatsionen sad – Interpretation of Articles 2(1)(c), 4(1)(b)(iv) and 5(2)(3) and (4) of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59) – Concept of ‘other tourist services’ not ancillary to transport or accommodation to be borne by the organiser – Obligation of the organiser to conclude an individual insurance contract for each consumer and to provide the consumer with the original before travel – Obligation of the organiser to conclude an individual insurance contract covering costs of repatriation in case of accident – Concept of ‘damage’ resulting for the consumer from the failure to perform or the improper performance of the contract – Non-material damages included.

Operative part

The Court of Justice of the European Union clearly has no jurisdiction to rule on the questions referred by the Varhoven kasatsionen sad (Bulgaria).