Package Travel Directive, Article 13 Package Travel Directive, Article 28

ECLI:RO:TBCTA:2019:019

The GO 2/2018 cannot be applied to contracts concluded before its entry in force.

The dispute concerned a contract for touristic services, concluded in 2017, which could not be performed by the seller (an agency) because of the cancelation of all trips by the organiser, who had gone bankrupt. The consumer requested the reimbursement of the price paid, damages and interest. The agency contested the first court decision on the ground that it violated the provisions of art. 14(1) from OG 2/2018, who repealed the OG 107/1999, on the basis of which  the contract was concluded with the claimant.

The applicability of the OG 2/2008 to contracts concluded before its entry in force.

The Court stated that the decision of the Court in first instance cannot be set aside on the ground that it disregarded the provisions of art. 14(1) from OG 2/2018, who repealed the OG 107/1999. Given the principle of non-retroactivity of the civil law, the GO cannot be applied in the given case (even if it was in force at the time of the proceedings), since the contract generating the dispute was concluded in 16.03.2017, long before its adoption/entry into force.

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The Court discussed the criteria for the temporal application of the provisions of the OG 2/2018 and, since they were not met, it rejected the appeal. The decision may be appealed with a recourse on points of law.