Právna náuka

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

This article focuses on compensation for immaterial damage and loss of joy from holiday resulting from non-performance or lack of performance with respect to contract for travel package with the reference to the Directive 90/314/EEC.
The author mentions relevant case law of the European Court of Justice as well as relevant case law of other EU Member States. The author is highlighting the fact, that the consumer has a right for compensation for immaterial damage.
Final part of the article analyses the decision of the European Court of Justice in the case C-168/00 Simone Leitner v. TUI Deutschland GmbH & Co. KG which inspired the Czech legislators to include such compensation into Czech legislation. The author further refers to the relevant Slovak case law granting the right for immaterial harm to consumers in justified cases.