L.T., the defendant, is a travel agency. L.T. was, in accordance with article 36 of the Travel Act, assured with the “Guarantee fund package tours”.
On 16 October 2001 the “Guarantee fund package tours” informed the economic inspection that the insurance contract with L.T. had been terminated as from 6 October 2001.
This was confirmed by L.T. on 8 November 2001, but the travel agency instantly argued that from that date on it was only handling contracts concluded prior to that date and that it had no intention to conclude any new travel contracts.
Nevertheless the economic inspection considered that L.T. was in breach of the law since 6 October 2001, namely with article 23, §2, 3° of the Travel Act which requires the travel intermediary to mention the name and the address of the insolvency insurer.
The first judge concluded that article 23, §2, 3° of the Travel Act only envisages the conclusion of the contract and that the claim had to be referred in absence of any proof that L.T. had concluded contracts since 6 October 2001.
The economic inspection appealed against this decision.