# C_2023112EN.01002401.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/24 |
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27.3.2023

EN

Official Journal of the European Union

C 112/24

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Request for a preliminary ruling from the Bezirksgericht für Handelssachen Wien (Austria) lodged on 19 December 2022 — Bundesarbeitskammer v HDI Global SE

(Case C-771/22, HDI Global)

(2023/C 112/31)

Language of the case: German

Referring court

Bezirksgericht für Handelssachen Wien

Parties to the main proceedings

Applicant: Bundesarbeitskammer

Defendant: HDI Global SE

Questions referred

| 1. | Is Article 17 of Directive (EU) 2015/2302 (1) of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are only covered where the trip or holiday does not take place as a result of the insolvency of that travel organiser, or are also payments made to the travel organiser before the opening of insolvency proceedings covered if the traveller terminates the contract before the occurrence of insolvency due to exceptional circumstances within the meaning of Article 12 of Directive 2015/2302? |
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1.

Is Article 17 of Directive (EU) 2015/2302 (1) of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are only covered where the trip or holiday does not take place as a result of the insolvency of that travel organiser, or are also payments made to the travel organiser before the opening of insolvency proceedings covered if the traveller terminates the contract before the occurrence of insolvency due to exceptional circumstances within the meaning of Article 12 of Directive 2015/2302?

| 2. | Is Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are covered where, even before the occurrence of insolvency, the traveller terminates the contract due to exceptional circumstances within the meaning of Article 12 of that directive, but the insolvency occurred during the trip or holiday that had been booked? |
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2.

Is Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are covered where, even before the occurrence of insolvency, the traveller terminates the contract due to exceptional circumstances within the meaning of Article 12 of that directive, but the insolvency occurred during the trip or holiday that had been booked?

| 3. | Is Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are covered where, even before the occurrence of insolvency, the traveller terminates the contract due to exceptional circumstances within the meaning of Article 12 of that directive, and the insolvency of the travel organiser occurred due to those exceptional circumstances? |
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3.

Is Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are covered where, even before the occurrence of insolvency, the traveller terminates the contract due to exceptional circumstances within the meaning of Article 12 of that directive, and the insolvency of the travel organiser occurred due to those exceptional circumstances?

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

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