Case law

  • Case Details
    • National ID: link
    • Member State: Italy
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 16/03/2015
    • Court: Court of Torre Annunziata
    • Subject:
    • Plaintiff: D.G.A. e G.R.
    • Defendant: B. S.R.L, T.V.E.T.M.D.P. C. Sn.c.
    • Keywords: consumer rights, liability, package travel, payment, refund
  • Directive Articles
    Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2. Package Travel Directive, Article 5, 2.
  • Headnote
    (1) The majority of the case law interpret art. 5 of the Directive 90/314/EC (paragraph 5 excluded) as referring only to "physical damages", with the consequence that art. 47 of the Legislative Decree 79/2001 falls under article 5, paragraph 5 of the Directive and thus is subject to the prescription provided for by article 45 of the Legislative Decree 79/2011, since said damage cannot be seen as "physical".
  • Facts
    The plaintiffs purchased a round trip package for their honeymoon, suffering during the period of stay of a series of discomforts, requesting: the refund of half of the price paid, the refund of the amount the plaintiffs paid as a consequence of the non-performance suffered, as well as the compensation for the damage suffered relating to the time of the holiday uselessy passed and the non repeatability of the missed opportunity.

    The defendant claimed the prescription of the right for the compensation of the damage as well as the rejection of the application in full.
  • Legal issue
    (1) The damage ex. art. 47 of the Legislative Decree 79/2011 is subject to a 1 year term of prescription according to art. 45 of the Tourism Code, thus the action for the compensation of the damages is already prescribed.
  • Decision

    (1) Is the damage ex art. 47 of the Legislative Decree 79/2011 subject to the three years term of prescription provided for by art. 44 of the Tourism Code for physical damages?

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The plaintiff's request was rejected for prescription of the right.