Case law

  • Case Details
    • National ID: link
    • Member State: Belgium
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 08/05/2012
    • Court: Court of Appeal Brussels
    • Subject:
    • Plaintiff: TOTAL Belgium NV
    • Defendant: Multiservice Reizen NV and H.
    • Keywords: travel
  • Directive Articles
    Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5.
  • Headnote
    A package travel contract, concluded between an entity which is not the actual traveller, and the travel organizer, falls under the scope of the rules set out in Directive 90/314 (and the Belgian Act of 16 February 1994 which implements this Directive).
  • Facts
    Defendant periodically organized, as a travel organize, incentive business trips for the plaintiff. After a certain time, a discussion arose between the parties and they ended up before court for unpaid invoices. Whereas plaintiff invoked the protection provided by the provisions set out in Directive 90/314 (implemented into Belgian law in the Act of 16 February 1994), the defendant stated that this Directive/Act cannot be applied as the contract was concluded between two corporate entities, and not between a traveller (natural person) and the travel organizer.
  • Legal issue
    According to the court, the definition of traveller, as set out in the Directive/Act, is sufficiently clear to determine that the travel contract must not be concluded by the traveller itself. It suffices that the contract is concluded to the benefit of the traveller.
  • Decision

    Does a package travel contract, concluded between an entity which is not the actual traveller, and the travel organizer, fall under the scope of the rules set out in Directive 90/314 (and the Belgian Act of 16 February 1994 which implements this Directive)?

    Full text: Full text

  • Related Cases
    Sorted by
    • Member State: Belgium
    • National ID: C.12.0617.N
    • Common Name: link
    • Directive Articles: Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5.
    • Decision Date: 15/05/2014

    Belgium C.12.0617.N link Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5. Thu May 15 00:00:00 CEST 2014
  • Legal Literature

    No results available

  • Result
    The court ruled that the rules on package travels should be applied to the case at hand.