The decision is based on the case-law of the European Court of Justice concerning the article 5 of the Council Directive 90/314/EEC.
Upon such provision, the Member States may allow compensation in case of damage other than personal injury for the non-performance (or improper performance) of the services involved in the package.
Accordingly with the case-law of the ECJ (see for instance: Simone Leitner v. TUI Deutschland GmbH & Co KG. Case C-168/00), the judge awarded the plaintiff a sum of € 660 (including the non-material damage).
He concluded that, in cases involving package travel, package holidays and package tours, the notion of “damage” includes the moral prejudice occurred to the consumers due to the non-performance of a contract for a package holiday.