(1) Slovenian law provides an exhaustive list of non-material damage types and loss of enjoyment of the holidays is statutorily not recognized. However, in the present case and despite the fact that EU directives are in principle not directly applicable and require an implementing measure by which their provisions are transferred into national law of the Member States, the provisions of the first and second paragraph of Article 5 of the Package travel Directive can have a direct effect. The provision and its interpretation by the ECJ in the case C 168/00 Leitner v. TUI Deutschland is quite clear - it recognizes compensation for non-material damages arising from loss of enjoyment of the holidays.
(2) From the Slovenian passengers travelling to Tunisia or another country in North Africa at a similar level of civilizational development it is expected to consciously assume only those risks which are customary in these countries. A commonly known fact is that the sanitary conditions in Tunisia differ from those in developed European countries and therefore represent certain risks. The risk of inconveniences, such as traveller's diarrhea, which however does not develop into a serious infection and is therefore not abnormal or unacceptable to local conditions and accordingly do not exceed permissible limits, must be borne by the consumer and cannot be passed on the travel organiser.