• Uppgifter om ärendet
    • Nationellt id-nummer: KHO 3.2.2015/236
    • Medlemsstat: Finland
    • Vedertaget namn:link
    • Beslutstyp: Beslut av högsta domstolen
    • Beslutsdatum: 03/02/2015
    • Domstol: Korkein hallinto-oikeus
    • Ämne:
    • Kärande: Nets Oy (former Luottokunta)
    • Svarande: The Finnish Competition and Consumer Authority (former Finnish Competition Authority)
    • Nyckelord: consumer, guarantee, package travel
  • Direktivartiklar
    Package Travel Directive, link
  • Huvudanmärkning
    The credit card company does not have the right to acquire the paid sum from the guarantee that the travel agency has deposited in accordance with the Package Travel Act.
  • Omständigheter
    Oy Air Finland Ltd has deposited a guarantee to the Competition Authority in accordance with the Package Travel Act. Oy Air Finland Ltd was declared bankrupt and the plaintiff reimbursed travel expenses to the consumers who had paid the tour with a credit card issued by the plaintiff. The plaintiff has demanded in its application to the defendant that the amounts it has paid should be reimbursed to it from the guarantee that has been set. The defendant considers that the plaintiff has no right to get a reimbursement from the guarantee because only a consumer can benefit from the guarantee. The plaintiff has appealed to the administrative court, which dismissed the appeal. The plaintiff has further appealed to the court. The question in the court is that can the plaintiff, which is a credit card company, get reimbursed from the package tour security based on the right to a claim that has been transferred to it from the consumer.
  • Juridisk fråga
    Does a credit card company that has reimbursed the consumer the expenses that have incurred due to a tour being cancelled because of the travel agency’s bankruptcy have the right to acquire the paid sum from the guarantee that the travel agency has deposited in accordance with the Package Travel Act?
  • Beslut

    In this case, the plaintiff is not a consumer but it derives its right from the consumer. When the plaintiff has reimbursed the price of the tour to the consumer, the consumer has in reality transferred its right to get reimbursed from the guarantee to the plaintiff in accordance with the basic principles of the law of obligations. Section 9 of the Package Travel Act does not prevent the consumer from transferring its right to the guarantee to a third party. When the plaintiff can invoke the right to a claim that has transferred from the consumer, it is entitled to get the same reimbursement from the guarantee as the consumer would have been entitled to. According to the defendant, the creditor’s liability, which is based on the Consumer Protection Act, in cases where the creditor returns the paid amount to the consumer due to the travel agency’s insolvency is an independent ground of liability. It cannot be used to cover the risks related to the trader’s activity.

    URL: https://www.edilex.fi/kho/muut_paatokset/201500236?

    Hela texten: Hela texten

  • Ärendesamband

    Inga träffar

  • Doktrin

    Inga träffar

  • Resultat
    The court has examined the appeal and decided that it will be dismissed. The lower administrative court’s decision will not be revised.