Case law

  • Case Details
    • National ID: No 4335
    • Member State: Bulgaria
    • Common Name:.Der oekonomische Ministerium und „Tourist”GmbH
    • Decision type: Other
    • Decision date: 28/03/2011
    • Court: Върховен административен съд (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Package Travel Directive, Article 5, 2. Package Travel Directive, Article 7
  • Headnote
    The travel organiser must sign an insurance contract against his tortious liability each year and present it in the Ministry or else he will be removed from the National Registry of Travel Organisers and Tourism Agencies.
  • Facts
    The Minister of the economy removed the company “Tourist” from the Registry of Travel Organisers and Tourism Agencies by order no. T P Д-14-79 / 13.10.2010, as it had not presented the insurance contract within 14 days of signing it.
    Under article 42 paragraph 4 of the Law on Tourism, there is an obligation to sign such a contract each year and to present it in the Department for Tourism at the Ministry. Otherwise, they are to be removed from the Registry by order of the Minister.
    The Company appealed the order of the Minister asking it to be voided. It claimed that it had signed the contract and had presented it in the Ministry, but did not show any evidence for this.
  • Legal issue
    The appeal was rejected by the Court and the Minister’s order was confirmed.
  • Decision

    Full text: Full text

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  • Result