CJEU Case C-396/21 | FTI Touristik (Package travel to the Canary Islands)

Author (Corporate)
Series Details C-396/21
Publication Date 2021-2023
Content Type ,

Summary:

Information Guide focusing on Case C-396/21 from the Court of Justice of the European Union (CJEU), on package travel and linked travel arrangements in the context of the COVID-19 (coronavirus) pandemic.

Further information:

Two travellers bought a two-week package holiday in Gran Canaria (Spain) beginning on 13 March 2020 from a German travel organiser. On 15 March, a set of restrictions were imposed by local authorities in the framework of the pandemic which meant the travellers were only permitted to leave their hotel room to eat. On 18 March, the two travellers were informed that they should be ready to leave the island and return to Germany at any moment, which eventually happened two days later.

The travellers requested a 70% price reduction to the package holiday on account of those restrictions, which was rejected by the organiser on the grounds that it could not be held liable for what constituted a general life risk. The two individuals brought the matter before the German courts. The Regional Court (Munich I), hearing the matter on appeal, asked the Court of Justice of the European Union (CJEU) in June 2021 to interpret Directive (EU) 2015/2302, also known as the Package Travel Directive.

The Court ruled on 12 January 2023 that a traveller is entitled to a reduction in the price of their package where a lack of conformity of the travel services included in the package if due to restrictions that have been imposed at the travel destination to fight the spread of an infectious disease.

Related Links
Official
CJEU CURIA: Case C-396/21 | FTI Touristik (Package travel to the Canary Islands) https://curia.europa.eu/juris/documents.jsf?num=C-396/21
CJEU: Press Release No 150/22, 15/09/2022: Advocate General’s Opinions C-396/21 | FTI Touristik (Voyage à forfait aux Îles Canaries) and C-407/21 UFC | Que choisir and CLCV https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-09/cp220150en.pdf
CJEU: Press Release No 7/23, 12/01/2023: Judgment of the Court in Case C-396/21 | FTI Touristik (Package travel to the Canary Islands) https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-01/cp230007en.pdf

News
Independent (UK), 12/01/2023: EU court: Tourists may get refunds over COVID measures https://www.independent.co.uk/news/travelers-ap-european-union-tourists-berlin-b2260927.html
Associated Press (AP News), 12/01/2023: EU court: Tourists may get refunds over COVID measures https://apnews.com/article/politics-europe-european-union-covid-pandemics-8fd9794e63cd13992e7512a5074f5984
WalesOnline, 12/01/2023: If your holiday was ruined by Covid rules you may get a refund, says EU court https://www.walesonline.co.uk/news/uk-news/your-holiday-ruined-covid-rules-25958360
Deutsche Welle, 13/01/2023: ECJ rules tourists deserve refunds for COVID-hit trips https://p.dw.com/p/4M3xw

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