Case Details


Case Details
National ID link
Member State Italy
Common Name Forti e altro v. Soc. Orchidea viaggi
Decision type Other
Decision date 12/02/2003
Court Giudice di pace (Others, Milano)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 2.

The Giudice di Pace di Milano stated that the notion of damage of the Council Directive of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC) includes the moral prejudice occurred to the consumers as a consequence of the non-performance or improper performance of a contract for a package holiday.
The plaintiffs have bought from the Soc. Orchidea Viaggi a package holiday to visit Honduras and Mexico for a period of two weeks.
Few days before the flight, the tour operator has informed the plaintiffs that the hotel indicated in the brochure would have been unavailable.
Mr. Forti was also informed about the other difficulties concerning the flights between Mexico and Honduras.
They claimed before the Giudice di pace di Milano the economic damage as well as the moral prejudice arising from the non-performance of the contractual services.
The decision concerns the interpretation of the notion of damage of the Council Directive of 13 June 1990 on package travel, package holidays and package tours.
The directive has been implemented in Italy by the Legislative Decree 17 March 1995, n. 111, published in the Official Journal 14 April 1995, n. 88.
After a careful assessment of the facts, the Giudice di pace di Milano has concluded that the notion of damage contains also the moral prejudice caused to the consumers for the imprecise performance of the tour operation.
As to the judge this interpretation is in compliance with the aims of the Directive 90/314/EEC where it states: “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” (article 5).
Thus, the judge has liquidated the moral prejudice in the sum of € 550,00.
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