Judikatūra

  • Lietas apraksts
    • Nacionālais identifikators: Administrative Regional Court, Judgement AA43-0044-22/14 (A420202220)
    • Dalībvalsts: Latvija
    • Vispārpieņemtais nosaukums:N/A
    • Lēmuma veids: Pārsūdzēts administratīvs lēmums
    • Lēmuma datums: 06/01/2022
    • Tiesa: Administratīvā apgabaltiesa
    • Temats:
    • Prasītājs:
    • Atbildētājs:
    • Atslēgvārdi: Organiser, Traveller, Insolvency, Liquidation, Refund
  • Direktīvas panti
    Package Travel Directive, RECITALS, (39) Package Travel Directive, Article 17
  • Ievadpiezīme

    ECLI:LV:ADAT:2022:0106.A420202220.8.S


    If an organiser (a tourism operator in the terminology of relevant national legal acts) is liquidated, the traveller (simultaneously being as a consumer) still has a right to claim refund of the remuneration paid under a package travel contract.

  • Fakti

    A traveller (a consumer) concluded a package travel contract with the organiser and paid the remuneration envisaged by this contract. The travel did not take place due to fault of the organiser of the package travel in question. The traveller applied to the Consumer Rights Protection Centre, which is a state institution responsible for state supervision for protection of consumer rights, including the supervision of package travel. Later the Centre adopted a decision by discontinuation of the review of the consumer’s application due to the fact that the organiser had been liquated. The consumer challenged this decision before the Administrative District Court by requesting to impose an obligation on the Centre to issue a favourable administrative act. The first instance court upheld the application by establishing that the traveller is entitled to request refund even when the organiser is liquidated (became insolvent in the terminology of the Directive 2015/2302). The first instance court particularly emphasised that Directive 2015/2302 requires to ensure full protection of travellers in the case of insolvency of the organiser which also means that applicable national legal acts interpreted in the light of the Directive envisage refund of the payment made even if the organiser is already liquidated. The judgement of the first instance court was challenged by the Centre before the Administrative Regional Court (the appeal instance court in administrative cases) by indicating, inter alia, that a significant obstacle for a refund exists, such as the fact that the organiser is liquidated.

  • Juridisks jautājums

    Is the Consumer Rights Protection Centre still under the duty to adopt a decision for refund of the remuneration paid by the traveller for a package travel contract in the case when an organiser is liquidated.

  • Lēmums

    The Administrative Regional Court acknowledged the right of the traveller to receive refund also when the organiser is liquidated by agreeing with the reasoning of the first instance court. Specifically, the appeal instance court indicated that it shares the reasoning of the first instance court concerning interpretation of relevant law. The appeal instance court went on to indicate that relevant national provisions interpreted in the light of the Directive’s provisions protect rights for the traveller in the case of insolvency of the organiser, and the refund shall be made without hesitation.

    URL: https://manas.tiesas.lv/eTiesasMvc/nolemumi/pdf/467724.pdf

    Pilns teksts: Pilns teksts

  • Saistītās lietas

    Nav pieejami nekādi rezultāti

  • Juridiskā literatūra

    Nav pieejami nekādi rezultāti

  • Rezultāts

    The Court dismissed the appeal claim and satisfied the application of the traveller by declaring the appealed Centre’s decision as illegal and ordering the Centre to issue an establishing administrative act to refund the traveller for the money paid. The judgement was appealed to the Supreme Court, but the outcome at cassation is unknown.