Case law

  • Case Details
    • National ID: 1 As 46/2010-79
    • Member State: Czech Republic
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 19/08/2010
    • Court: Supreme Administrative Court
    • Subject:
    • Plaintiff: Blue Style s.r.o.
    • Defendant: Czech Trade Inspection
    • Keywords: consumer, consumer rights, information obligation, travel
  • Directive Articles
    Package Travel Directive, Article 2, 4.
  • Headnote
    (1) The term „customer“ under § 852a et seq. of the Act No. 40/1964 Coll., the Civil Code, must be interpreted in compliance with the corresponding provisions of the Act No. 159/1999 Coll., on some conditions of entrepreneurship and pursue of activities in tourism, and the Council Directive 90/314/EEC, in a way that includes also persons, for the benefit of which the travel agreement was concluded. If the operator of travel agency limits the right to complaint only to persons who concluded the contract in his general terms & conditions, he is in breach of section 13 of the Act No. 634/1992 Coll., on consumer protection.
  • Facts
    The defendant imposed a fine of CZK 20.000 on the plaintiff for infringement of the duty to duly inform the customer about the right to complaint and about the final and complete price.

    The plaintiff challenged the defendant´s decision in the regional court, which confirmed the contested decision. The plaintiff appealed in cassation claiming and statted, that previous decision was not judged correctly and the plaintiff´s conudct was in accordance with law based on specific interpretation of the term "customer".
  • Legal issue
    There is mentioned in §§ 852a et seq. of the Act No. 40/1964 Coll., the Civil Code, that the "customer" means the person, who concluded the contract. However, the court decided, that it is necessary to interpret in compliance with the corresponding provisions of the Act No. 159/1999 Coll., on some conditions of entrepreneurship and pursue of activities in tourism, and the Council Directive 90/314/EEC, in a way that includes also persons, for the benefit of which the travel agreement was concluded.

    The plaintiff sets in the Terms and Conditions of the contract, that the customer is only the person, that concluded the contract. That is in accordance with §§ 852a et seq. of the Act No. 40/1964 Coll., the Civil Code, but not with the interpretation of Art. 2/4 of the Council Directive 90/314/EEC.

    It is necessary to interpret the term "customer" in the broad way according to the Council Directive 90/314/EEC, to provide the protection to larger group of people.
  • Decision

    In which way does the term "consumer" have to be interpreted?

    URL: http://www.nssoud.cz/files/SOUDNI_VYKON/2010/0046_1As__1000_a0bc51b4_6459_4d87_8c73_dd9c6884bc1e_prevedeno.pdf

    Full text: Full text

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  • Result
    The appeal in casation was dismissed. The plaintiff has no right to get the costs of the proceedings reimbursed. The defendant was not obliged to pay the costs of the proceedings.