Case law

  • Case Details
    • National ID: C-1810/15
    • Member State: Bulgaria
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 18/05/2015
    • Court: Sofia City Administrative Court
    • Subject:
    • Plaintiff: BULGARIA TRAVEL EOOD
    • Defendant: Bulgarian Consumer Protection Commission
    • Keywords: contract for the provision of accommodation, transport, catering or leisure services, omission, package travel
  • Directive Articles
    Package Travel Directive, Article 4, 2., (a) Package Travel Directive, ANNEX, (a) Package Travel Directive, ANNEX, (b) Package Travel Directive, ANNEX, (d) Package Travel Directive, ANNEX, (g)
  • Headnote
    Even if some of the elements that are part of the mandatory content of the package travel contract are included in the brochure for the travel and on the website of the organizer but are missing in the contract on the particular travel, the organizer is still in the breach of Directive 1990/314/EEC and the national transposing legislation.
  • Facts
    A consumer submitted a complaint to the defendant against the plaintiff. The defendant made an inspection of the plaintiff and established that the latter had entered into a package travel contract which did not contain the following mandatory elements: (i) the means of transport, (ii), the dates, times and points of departure and return, (iii) itinerary, (iv) minimum number of travellers, and (v) the name and address of the insurer. Therefore, the defendant issued a penalty decree and imposed a financial sanction over the plaintiff in the amount of BGN 500 (circa EUR 250).
    Consequently the plaintiff submitted to the Sofia Regional Court the penalty decree for judicial review but the court denied the plaintiff’s appeal and upheld the penalty decree in favour of the defendant. As a final resort, the plaintiff appealed the first instance court’s judgment to the Sofia City Administrative Court.
  • Legal issue
    The organizer committed a violation of the law for which the financial sanction was imposed. By not including some of the mandatory elements of a package travel contract, the organizer violated Article 82, Alinea 3, points 3, 4, 14 and 16 of the Tourism Act (which implemented Article 4, paragraph 2, subparagraph (a) of Directive 1990/314/EEC and subparagraphs (a), (b), (d) and (g) of the Annex to it in Bulgarian national law). The inclusion of the mandatory elements, missing in the contract, on the brochure for the travel and on the website of the organizer does not remedy the violation of the law since the relevant provision of the Tourism Act (implementing the corresponding provisions of Directive 1990/314/EEC) are explicit and unambiguous.
  • Decision

    Is the organizer that does not include all mandatory elements in a package travel contract but includes them on the brochure for the particular travel and on the website of the organizer in breach of Directive 1990/314/EEC and the national transposing legislation?

    URL: http://domino.admincourtsofia.bg/BCAP/ADMC/WebData.nsf/ActsByCaseNo/3F16EBD00AEE4D2BC2257E4A0073D025/$FILE/temp42143993518518513538839D5E33268C2257E4A003E43D7.pdf

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature
    Sorted by
    • Member State: Bulgaria
    • Title: Topic XX, Pre-arranged Group and Individual Tourism Trips at an Inclusive Price, Consumer Law, p. 170-178.
    • Author: SUKAREVA, Z.

    Bulgaria Topic XX, Pre-arranged Group and Individual Tourism Trips at an Inclusive Price, Consumer Law, p. 170-178. SUKAREVA, Z.
  • Result
    The court upheld the first instance court’s judgment that rejected the plaintiff’s appeal.