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Case C-584/22, Kiwi Tours: Judgment of the Court (Second Chamber) of 29 February 2024 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – QM v Kiwi Tours GmbH (Reference for a preliminary ruling – Package travel and linked services – Directive (EU) 2015/2302 – Article 12(2) – Right of a traveller to terminate a package travel contract without paying a termination fee – Unavoidable and extraordinary circumstances – Spread of COVID-19 – Consequences significantly affecting the performance of the package or the carriage of passengers to the destination – Foreseeability of the occurrence of those consequences at the date of the declaration of termination – Events occurring after the termination date but before the start of the package)
ECLI:EU:UNKNOWN:62022CA0584
62022CA0584
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Official Journal of the European Union
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C/2024/2574
(Case C-584/22, (1) Kiwi Tours)
(Reference for a preliminary ruling - Package travel and linked services - Directive (EU) 2015/2302 - Article 12(2) - Right of a traveller to terminate a package travel contract without paying a termination fee - Unavoidable and extraordinary circumstances - Spread of COVID-19 - Consequences significantly affecting the performance of the package or the carriage of passengers to the destination - Foreseeability of the occurrence of those consequences at the date of the declaration of termination - Events occurring after the termination date but before the start of the package)
(C/2024/2574)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: QM
Defendant: Kiwi Tours GmbH
Operative part of the judgment
Article 12(2) 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) 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, to determine whether ‘unavoidable and extraordinary circumstances’ which have consequences ‘significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination’, within the meaning of that provision, account must be taken only of the situation prevailing on the date on which that traveller terminated his or her travel contract.
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ELI: http://data.europa.eu/eli/C/2024/2574/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.
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