# C_2022138EN.01001301.xml

| 28.3.2022 | EN | Official Journal of the European Union | C 138/13 |
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28.3.2022

EN

Official Journal of the European Union

C 138/13

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Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 15 December 2021 — EV v Alltours Flugreisen GmbH

(Case C-776/21)

(2022/C 138/12)

Language of the case: Germany

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: EV

Defendant: Alltours Flugreisen GmbH

Questions referred

| 1. | Is it sufficient, in determining whether unavoidable and extraordinary circumstances occur at the place of destination of the trip or holiday within the meaning of the first sentence of Article 12(2) of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (‘the Package Travel Directive’), (1) if the destination area of the trip or holiday is classified as a risk area by the specialist authority established at national level for the protection against communicable diseases, while the conditions for classification as a risk area are not satisfied at the place of origin? |
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1.

Is it sufficient, in determining whether unavoidable and extraordinary circumstances occur at the place of destination of the trip or holiday within the meaning of the first sentence of Article 12(2) of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (‘the Package Travel Directive’), (1) if the destination area of the trip or holiday is classified as a risk area by the specialist authority established at national level for the protection against communicable diseases, while the conditions for classification as a risk area are not satisfied at the place of origin?

| 2. | Must the traveller be able to predict, at the time of the termination of the package within the meaning of the first sentence of Article 12(2) of the Package Travel Directive, whether there will be significant disruptions at the place of destination or its immediate vicinity on the date of departure or at the time of travel? |
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2.

Must the traveller be able to predict, at the time of the termination of the package within the meaning of the first sentence of Article 12(2) of the Package Travel Directive, whether there will be significant disruptions at the place of destination or its immediate vicinity on the date of departure or at the time of travel?

| 3. | Must the termination take place close in time to the start of the trip or holiday or may it be declared at any time between the time of booking the trip or holiday and the start of the trip or holiday if it could not be excluded, at the time of termination, that the extraordinary circumstance might occur? |
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3.

Must the termination take place close in time to the start of the trip or holiday or may it be declared at any time between the time of booking the trip or holiday and the start of the trip or holiday if it could not be excluded, at the time of termination, that the extraordinary circumstance might occur?

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(1)  OJ 2015 L 326, p. 1.

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