Rechtsliteratur

Package Travel Directive, Article 17

The interpretation of national provisions beyond their wording against the backdrop of EU Directives creates tension. To resolve this, judges must draw a line between due development of national law in accordance with EU law, and undue contra legem-decisions. Insolvency protection in package travel contract law illustrates the need for a nuanced consideration of different legal objectives within the framework of the teleologically oriented application of the law. Considering German case law, the limitation of insolvency protection pursuant to § 651r (3) sentence 3 BGB must be interpreted in compliance with the relevant EU Directive. The possibility of limiting insolvency insurance to the amount of 110 million EUR thus does not apply to package travel contracts. This finding has practical implications for the reimbursement of travel fees resulting from the Thomas Cook insolvency.