Case law

  • Case Details
    • National ID: 3K-3-601/2013
    • Member State: Lithuania
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 22/11/2013
    • Court: Supreme Court of Lithuania
    • Subject:
    • Plaintiff: G. D., A. D. and S. B. D.
    • Defendant: UAB “Tez Tour”
    • Keywords: consumer, organizer, package travel, transport
  • Directive Articles
    Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2.
  • Headnote
    A travel organiser has an obligation to compensate the consumer’s damages after a delayed flight, if the flight was a mean of transport used under the contract for the provision of tourist services.
  • Facts
    The plaintiffs and the defendant concluded a contract for the provision of tourist services, which included a flight to Turkey, operated by air carrier UAB “Small Planet Airlines”. The flight was delayed for more than 15 hours.

    The plaintiffs claimed that the defendant, as a travel organiser, did not carry out his obligations properly and provided plaintiffs with misleading information during the delay; hence the plaintiffs suffered from a stressful situation and negative experiences and requested the court to award them with the compensation from the defendant.
  • Legal issue
    The court addressed the issue of relationship between Directive 90/314/EEC, under which the travel organiser bears the obligation to compensate consumer’s damages for any tourism services of inadequate quality, irrespective of the fact whether the losses were caused by the travel organiser himself or by the third party on the basis of an arrangement between that third party and the organiser; and Regulation No 261/2004, under which the obligation to compensate passengers' damages in the event of a long delay of flights arises for the air carrier.

    The court held that Regulation No 261/2004 does not preclude a passenger (consumer) from claiming compensation for the delayed flight directly from the travel organiser, since a travel organiser has a subsequent right to claim damages from the respective air carrier, under Article 13 of Regulation No 261/2004. The travel organiser is liable to the consumer for the proper performance of obligations arising from the contract for the provision of tourist services, irrespective of whether such obligations are to be performed by that organiser or by other suppliers of services.

    Therefore, Article 5(1) - (2) of Directive 90/314/EEC (implemented into Lithuanian law by Article 6.754 of the Civil Code) must be interpreted as providing the tourist (consumer) with the possibility to claim damages directly from the travel organiser.
  • Decision

    Who (air carrier or travel organiser) has an obligation to compensate the consumer’s damages after a delayed flight, if the flight was a mean of transport used under the contract for the provision of tourist services?

    URL: http://liteko.teismai.lt/viesasprendimupaieska/tekstas.aspx?id=c7f0854e-cc8e-4fd4-a198-0a225f145a0a

    Full text: Full text

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  • Result
    The court upheld the plaintiffs’ claim in part.