Case Details


Case Details
National ID No. 21552
Member State Italy
Common Name link
Decision type Other
Decision date 12/05/2003
Court Giudice di pace (Others, Rome)
Subject
Plaintiff
Defendant
Keywords

Package Travel Directive, Article 5, 2.

The Justice of Peace of Rome clarifies in this decision the notion of “damage” of the Legislative Decree 17 March 1995, no. 111 on package travel, package holidays and package tours.
The decision is based on the interpretation of “damage” rendered in the case-law of the European Court Justice.
Accordingly with such case-law, the Justice of Peace of Rome awarded the plaintiffs the damages caused by loss of enjoyment of the holidays (i.e. a non-material damage).
The plaintiffs sued the tour operator before the Justice of Peace of Rome.
Accordingly with the plaintiffs, they have bought a package travel for the United States and they have discovered that the hotel accommodation was different from what they have agreed upon the organizer’s brochure.
In particular, they claimed that the hotel was under renovation.
The Justice of Peace of Rome concluded by awarding the plaintiff a sum of € 660,72 (including the non-material damage).
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.
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