The Giudice di Pace di Pozzuoli (Naples) interpreted the article 5 of the Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC).
The judge considered the following paragraph of the article 5: “In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, the Member States may allow compensation to be limited under the contract. Such limitation shall not be unreasonable”.
The decision also mention the rules provided by the Legislative Decree 17 March 1995, n. 111 that has implemented the Directive in the Italian Legal System. The Legislative Decree has been published in the Official Journal 14 April 1995, n. 88.
The Giudice di pace di Pozzuoli stated that this case falls under the definition of “package holiday” in accordance with the definition of the Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC).
Under such provisions, consumer any person who takes or agrees to take the package.
Then, the judge concluded and clarified that the notion of damage of the Directive 90/314/EEC includes the moral prejudice occurred to the consumers due to the non-performance of a contract for a package holiday. He liquidated the moral prejudice in the sum of € 1.000,00.