Case law

  • Case Details
    • National ID: 7 As 27/2010
    • Member State: Czech Republic
    • Common Name:link
    • Decision type: Other
    • Decision date: 02/07/2010
    • Court: Supreme Administrative Court
    • Subject:
    • Plaintiff: Ludmila S.
    • Defendant: Prague City Council
    • Keywords: organizer, package, package travel, travel
  • Directive Articles
    Package Travel Directive, link
  • Headnote
    The combination of services of transport, accommodation and package services compiled by the Czech travel agency but provided by the contractual partners of the travel agency in South Africa (i.e. safari lasting for multiple days) custom made upon an individual client's wish is a package trip within the meaning of Section 1 par. 1 of the Act No. 159/1999 Coll. if the package services of the South African partners have been prepared in advance, i.e. not upon the individual wish of the client, and offered as such to the client.
  • Facts
    The defendant imposed a fine of CZK 60 000 on the plaintiff for “Operating a travel agency” without licensed permission.

The plaintiff challenged the defendant´s decision in the regional court, which confirmed the contested decision. The plaintiff appealed in cassation claiming that the previous decision was not judged correctly and her scope of work (organising services made upon an individual client wish) does not need to be permitted.
  • Legal issue
    The court decided that the argumentation of the plaintiff was not correct. It is mentioned in Section 1 par. 1 of the Act No. 159/1999 Coll. that combination of services of transport, accommodation and package services made upon an individual client wish does not belong in the category of package trips. However, it is important to interpret this legal institute consistent with Art. 2/1 of the Council Directive 90/314/EEC. And so the scope of work of the plaintiff requires licensed permission.

    The courted stated also, that there wouldn't have been any unlawful dealing, if the services mediated by the plaintiff had been provided by licensed travel agencies or "organizers" from the Czech Republic or other EU countries according to the Art. 2/2 of the Council Directive 90/314/EEC. The partner travel agencies of the plaintiff were based in South Africa. Hence, the fine on the plaintiff was within the law.

  • Decision

    Does the combination of services of transport, accommodation and package services made upon an individual client's wish belong to the category of package trips?

    URL: http://www.nssoud.cz/files/SOUDNI_VYKON/2010/0027_7As__1000_c28eb3f1_5443_4cca_863b_953de39e57f8_prevedeno.pdf

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The appeal in cassation was dismissed.