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Case Details

Case Details
National ID link
Member State Slovenia
Common Name link
Decision type Supreme court decision
Decision date 23/04/2015
Court Supreme court
Subject
Plaintiff Unknown
Defendant Unknown
Keywords B2C, contract for the provision of accommodation, transport, catering or leisure services, travel, travel organiser

Package Travel Directive, Article 5, 1. Package Travel Directive, Article 5, 2.

(1) The Supreme court repealed the decision of the appellate court and ruled that under Slovenian law also a type of non-material damage caused by loss of enjoyment of the holidays exists.
(2) Accordingly, an insufficient "all-inclusive" service in a hotel constitutes a legal ground for compensation for material damage as well as for non-material damage.
With the challenged decision the appellate court decided that the travel organiser is liable solely for material damage which the consumer suffered during his all-inclusive stay in a hotel on the island Rhodos in Greece. The service in that hotel was poor and there were a number of shortcomings as they found that the accommodation and other facilities designed for recreation, entertainment and child care, were still under construction. The plaintiff's family found themselves literally in the middle of the construction site. Accordingly, the courts of first and second instance awarded damages for material damage in the amount of the reimbursement of the travel price, but did not acknowledge the plaintiff compensation for non-material damage.
(1) The Slovenian law recognizes a non-material damage caused by loss of enjoyment of the holidays by interpretation that takes into account the position of the ECJ in the judgment Leitner v. TUI Deutschland, although Article 5 of the Package travel Directive is not implemented in the Slovene national legislation as it has been interpreted by the ECJ in that case. The use of the Directive by Slovenian courts is indirect and can be derived from the existing legal framework on the basis of interpretation consistent with European law.

(2) An inadequate "all-inclusive" service in a hotel constitutes a sufficient legal ground for compensation for non-material damage as this type of non-material damage is provided under European law.
(1) Does Slovenian law recognize a non-material damage caused by loss of enjoyment of the holidays?
(2) Does insufficient "all-inclusive" service in a hotel constitute a sufficient legal ground for compensation for non-material damage?
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The plaintiff's request was granted.