Official Journal of the European Union

Series C

C/2023/488

6.11.2023

(Case C-83/22, Tuk Tuk Travel)

(Reference for a preliminary ruling - Directive (EU) 2015/2302 - Article 5 - Package travel and linked travel arrangements - Termination of a package travel contract - Unavoidable and extraordinary circumstances - COVID-19 pandemic - Right to terminate the contract - Request for full refund - Information obligation on the travel organiser - Article 12 - Application of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part - Effective protection of the consumer - Examination of its own motion by the national court - Conditions)

(C/2023/488)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: RTG

Defendant: Tuk Tuk Travel S.L.

Operative part of the judgment

1.Article 5(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 it requires a travel organiser to inform the traveller of his or her right to terminate the contract referred to in Article 12(2) of that directive. The validity of Article 5(1) of that directive in the light of Article 169(1) and (2)(a) TFEU, read in conjunction with Article 114(3) TFEU, cannot therefore be called into question on the ground that it does not provide for informing the traveller of his or her right to terminate the contract referred to in Article 12(2) of that directive.

2.Article 12(2) of Directive 2015/2302 must be interpreted as meaning that it does not preclude the application of provisions of national procedural law enshrining the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part, pursuant to which, where a termination of a package travel contract fulfils the conditions referred to in that provision and where the traveller concerned brings an action before the national court for the refund of an amount less than a full refund, that court cannot of its own motion grant that traveller a full refund, provided that those provisions do not preclude that court from informing, of its own motion, that traveller of his or her right to a full refund and allowing that traveller to assert that right before it.

(1) OJ C 213, 30.5.2022.

ELI: http://data.europa.eu/eli/C/2023/488/oj

ISSN 1977-091X (electronic edition)