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Case Details

Case Details
National ID 1617/2003
Member State Italy
Common Name link
Decision type Other
Decision date 16/05/2003
Court Tribunale (Court of first instance, Monza)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 4, 5.

The decision of the Tribunale di Monza concerns the interpretation of the Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours (Directive 90/314/EEC).
The judge clarified that the travel agent has a duty to inform the consumers about any variation of the package holidays and, particularly, he has to update them about any modification of the flight schedule.
The plaintiffs have bought a package holiday to visit the island of Djerba (Tunisia).
As to the plaintiffs, the travel agent had not informed them about the variation of the flight schedule and thus they had lost the flight to Djerba and the holiday.
As a consequence of the above, the consumers claimed before the Tribunale di Monza the economic and non-economic damages due to the imprecise performance of the travel agent.
After a careful assessment of the facts, the judge agreed with the plaintiffs and he has liquidated the total amount of Euro 1.981,28 for the damages occurred to the consumers.
The Tribunale di Monza interpreted the Legislative Decree 17 March 1995, n. 111 that has implemented in the Italian legal system the Council Directive of 13 June 1990 on package travel, package holidays and package tours. In particular, the article 5(1) of the Directive provides: “Member States shall take the necessary steps to ensure that the organizer and/or retailer party to the contract is liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services without prejudice to the right of the organizer and/or retailer to pursue those other suppliers of services”.
The judge clarified that the travel agent has a duty to inform the consumers about any variation of the package holidays.
In particularly, Tribunale di Monza stated that the travel agent has an obligation to the consumers about any modification of the flight schedule.
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