Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court , Judgment eA-2094-502/2017
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Aukščiausiojo Teismo sprendimas
    • Sprendimo data: 05/10/2017
    • Teismas: Supreme Administrative Court
    • Tema:
    • Ieškovas: I. T.-B., A. B., D. T.-B., M. K., H. M., A. M. (A. M.), L. J., A. J., V. L. ir K. L.
    • Atsakovas: The State of Lithuania
    • Raktažodžiai: consumer rights, transposition, package travel, refund
  • Direktyvos straipsniai
    Package Travel Directive, Article 7 Package Travel Directive, Article 7 Package Travel Directive, Article 8
  • Įžanginė pastaba

    National regulation, which limits the amount of risk to be covered by the guarantee that the travel agent or tour operator is required to provide to consumers, infringes article 7 of Directive 90/314/EEC.

  • Faktai

    Applicants with a tour operator - Freshtravel UAB - concluded a package travel contract and paid for it in advance. The tour operator, who was unable to organise the trip, declared insolvency and the trip was not organised. Applicants have recovered only part of the money paid and have, therefore, appealed to the Court asking the Lithuanian State to pay damages for improper transposition of articles 7 and 8 of Directive 90/314/EEC into Lithuanian law (insufficient guarantee that the money paid will be repaid or the consumer will be repatriated in case of insolvency) .

  • Teisės klausimas

    Does national law, which limits the amount of risk to be covered by the guarantee that the travel agent or tour operator is required to provide to consumers, infringe Article 7 of Directive 90/314/EEC?

  • Sprendimas

    Having assessed the regulation established in Article 8 (4) of the Law on Tourism, the Judicial Panel concludes that national law has limited the amount of risk to be covered by the guarantee that the travel agent or tour operator must provide to consumers, i.e. national legislation has such restrictive effects and is, therefore, manifestly incompatible with the obligations laid down in the Directive and constitutes a sufficiently serious breach of Union law as interpreted by the case law of the Court of Justice. Thus, for the State to incur liability for damage resulting from a breach of European Union law it needs to be established.

    In its examination of the question at hand, to determine this condition in the context of article 7 of Directive 90/314 / EEC, the Court held that a Member State has no discretion as to the level of risk to be covered by a guarantee to be provided by the tour operator or the travel agent. It is for the referring Court to ascertain whether the purpose or effect of the criteria laid down by the Member State, concerned for determining the amount of that guarantee, is to limit the risk to be covered by that guarantee; if such a limitation were imposed, these criteria would be manifestly incompatible with the obligations laid down in the Directive and would, therefore, constitute a sufficiently serious breach of Union law which could, if a direct causal link was established, give rise to liability of the Member State concerned (order of 16 January 2014) in the case of Ilona Baradics and Others v QBE Insurance (Europe) Ltd Hungarian Branch Office, Magyar? llam, C-430/13, EU: C: 2014: 32, p. 47).

    URL: https://eteismai.lt/byla/88770166153481/eA-2094-502/2017

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  • Susijusios bylos

    Rezultatų nėra

  • Teisinė literatūra

    Rezultatų nėra

  • Rezultatas

    Dismisses the appeal of the defendant, the State of Lithuania. Leaves the decision of the Court of First Instance unchanged.