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Legal Literature

Legal Literature Details
Member State Slovenia
Title Compensation for the Loss of Enjoyment of the Holiday: Lessons Learned?
Type article
Author ZUPAN, N.
Reference Pravni letopis, Inštitut za primerjalno parvo pri pravni fakulteti v Ljubljani, 1.1.2016, p. 83.
Publication Year 2016
Keywords B2C, case law, consumer rights, package travel, poor quality

Package Travel Directive, link

The author states that the decision of the ECJ in the case Leitner v TUI, which is binding for the Member States, effects also in recognition of non-material damage resulting from the loss of enjoyment on vacation in Slovenia. The Slovene Supreme Court has ruled that in order to ensure compliance of Slovenian law with Council Directive 90/314/EEC on package travel, package holidays and package tours no further modification of legislation is needed, since such compliance can be derived from the existing legal framework on the basis of interpretation consistent with European law. However, in practice a number of issues in connection with such claims for damages arising from an insufficient implementation of the Directive may arise. The author establishes that for reasons of legal certainty also amendments to the legislation should be considered. A particular challenge will be the assessment of the compensation amount as to which the domestic case law is still not settled.

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