# C_2004156EN.01000301.xml

| 12.6.2004 | EN | Official Journal of the European Union | C 156/3 |
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12.6.2004

EN

Official Journal of the European Union

C 156/3

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Reference for a preliminary ruling by the Commission litiges voyages by order of that court of 4 December 2003 in the case of Guy Denuit and Betty Cordenier against Transorient – Mosaïque Voyages and Culture SA

(Case C-125/04)

(2004/C 156/05)

Reference has been made to the Court of Justice of the European Communities by order of the Commission litiges voyages (Belgium), of 4 December 2003, received at the Court Registry on 8 March 2004, for a preliminary ruling in the case of Guy Denuit and Betty Cordenier against Transorient – Mosaïque Voyages and Culture SA on the following question:

| 1. | Where a clause in a contract between a consumer and a [travel] organiser and/or retailer provides only for the possibility of an upward price revision and states precisely how the calculations is to be made, solely in order to take account of variations set down in an exhaustive list by Article 4(4) of Directive 90/314/EEC, must that article be interpreted as implicitly requiring downward price revision according to the same method of calculation? |
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1.

Where a clause in a contract between a consumer and a [travel] organiser and/or retailer provides only for the possibility of an upward price revision and states precisely how the calculations is to be made, solely in order to take account of variations set down in an exhaustive list by Article 4(4) of Directive 90/314/EEC, must that article be interpreted as implicitly requiring downward price revision according to the same method of calculation?

| 2. | Where a clause in a contract between a consumer and an organiser and/or retailer provides for the possibility of both upward and downward price revision without stating precisely how the calculation is to be made, and solely in order to take account of variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as invalidating the entire clause or as limiting that invalidity to upward price revision? |
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2.

Where a clause in a contract between a consumer and an organiser and/or retailer provides for the possibility of both upward and downward price revision without stating precisely how the calculation is to be made, and solely in order to take account of variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as invalidating the entire clause or as limiting that invalidity to upward price revision?

| 3. | Where a clause in a contract between a consumer and an organiser and/or retailer gives only the organiser and/or retailer the possibility of revising prices upwards or downwards states precisely how the calculation is to be made, solely to take account of variations set down in an exhaustive list down by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as rendering the whole clause void, or is its invalidity limited to upward price revision? |
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3.

Where a clause in a contract between a consumer and an organiser and/or retailer gives only the organiser and/or retailer the possibility of revising prices upwards or downwards states precisely how the calculation is to be made, solely to take account of variations set down in an exhaustive list down by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as rendering the whole clause void, or is its invalidity limited to upward price revision?

| 4. | Where a clause in the contract between a consumer and an organiser and/or retailer gives, both the travel organiser and/or retailer and the consumer the possibility of benefiting from upward and downward price revision, and states precisely how the calculation is to be made, solely to take account of the variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as requiring the travel organiser and/or retailer revise the price downwards if the consumer has not asked it to do so? |
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4.

Where a clause in the contract between a consumer and an organiser and/or retailer gives, both the travel organiser and/or retailer and the consumer the possibility of benefiting from upward and downward price revision, and states precisely how the calculation is to be made, solely to take account of the variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as requiring the travel organiser and/or retailer revise the price downwards if the consumer has not asked it to do so?

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