Jurisprudence

  • Informations concernant l’affaire
    • ID national: Council of State, Judgement 441663
    • État membre: France
    • Nom commun:N/A
    • Type de décision: Décision de la Cour suprême
    • Date de la décision: 01/07/2021
    • Juridiction: Conseil d’Etat
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: Consumer rights, travel, refund, consumer rights organisation
  • Articles de la directive
    Package Travel Directive, Article 4 Package Travel Directive, Article 4 Package Travel Directive, Article 12, 4. Package Travel Directive, Article 12 Package Travel Directive, Article 12, 4.
  • Note introductive

    ECLI :FR:CECHR:2021:441663.20210701

    Headnote: Since 25 March 2020, a government order has allowed tour operators and travel agencies to offer customers whose stay cannot be completed because of the Covid-19 a voucher or credit note valid for 18 months to preserve their cash flow. This is despite the fact that the law usually requires a cash refund. This credit note will be refundable in cash after 18 months if it has not been used. Consumer associations ask the Council of State to annul order n°2020-315 of 25 March 2020.

  • Faits

    Some consumer associations considered that the order of 25 March 2020 undermines the interests of customers of tourism professionals, in that it deprives them of the right granted to them by European regulations, and in particular Article 12 of Directive (EU) of 25 November 2015 on package travel and related travel services , a text which confers the right to obtain, within a period of 14 days, the reimbursement of the full amount of payments made in respect of travel and accommodation contracts cancelled by the service provider. Hence the objective of the summary proceedings before the Council of State was to obtain a suspension of the enforcement of this order.

  • Question juridique

    The question arises as to the validity of the ordinance n°2020-315 of 25 March 2020 relating to the financial conditions for the termination of certain tourist travel and holiday contracts.

  • Décision

    The High Administrative Court has stayed the proceedings until the Court of Justice of the European Union has ruled on the following questions:

    1. Should Article 12 of Directive (EU) 2015/2302 of 25 November 2015 on package travel and related travel services be interpreted as requiring the organiser of a package tour, in the event of termination of the contract, to reimburse in cash money the full amount of the payments made under the package, or as allowing reimbursement by way of equivalence, in particular in the form of a credit note equal to the amount of the payments made?

    2. If these reimbursements are in the form of a cash refund, is the health crisis linked to the covid-19 epidemic and its consequences for travel operators, who have suffered a drop in turnover as a result of this crisis, enough to justify and, if so, under what conditions and within what limits, a temporary derogation from the obligation on the organiser to reimburse the traveller for all payments made for the package within 14 days of termination of the contract, as provided for in Article 12(4) of the abovementioned Directive?

    3. If the answer to the preceding question is in the negative, is it possible, in the circumstances described above, to modulate the temporal effects of a decision annulling a national law which is contrary to Article 12(4) of the Directive of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services?

    URL: https://juricaf.org/arret/FRANCE-CONSEILDETAT-20210701-441663

    Texte intégral: Texte intégral

  • Affaires liées

    Aucun résultat disponible

  • Doctrine

    Aucun résultat disponible

  • Résultat

    The Council of State is now suspending its ruling pending rulings by the CJEU.