Opinion of the Advocate General — ECLI:EU:C:2002:31
Date: 2002-01-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary of the Judgment 
1. Approximation of laws — Package travel, package holidays and package tours — 
Directive 90/314 — Definition of the term 'package' — Holidays organised by a 
travel agency at the request and according to the specifications of a consumer or a 
limited group of consumers — Included 
(Council Directive 90/314, Art. 2(1» 
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SUMMARY — CASE C-400/00 
2. Approximation of laws — Package travel, package holidays and package tours — 
Directive 90/314 — Term 'pre-arranged combination' — Combination of services 
made at the time of the conclusion of the contract between the travel agency and the 
consumer — Included 
(Council Directive 90/314, Art. 2(1)) 
1. The term 'package' used in Article 2(1) 
of Directive 90/314 on package travel, 
package holidays and package tours, 
must be interpreted so as to include 
holidays organised by travel agents, at 
the request of and in accordance with 
the specifications of a consumer or 
limited group of consumers. According 
to the definition of 'package' given in 
Article 2(1) of the directive, which is 
designed amongst other things to pro­
tect consumers who buy 'package' 
holidays, it is enough if, first, the 
combination of tourist services sold 
by a travel agency at an inclusive price 
includes two of the three services 
referred to in that paragraph and, 
second, that service covers a period of 
more than 24 hours or includes over­
night accommodation. There is nothing 
in that definition to suggest that holi­
days organised at the request of and in 
accordance with the specifications of a 
consumer or a defined group of con­
sumers cannot be regarded as 'package' 
holidays within the meaning of the 
Directive. That interpretation is rein­
forced by the directive, which provides 
that among the elements to be included 
in a contract covered by the directive 
are 'special requirements which the 
consumer has communicated to the 
organiser or retailer when making the 
booking, and which both have 
accepted'. 
(see paras 13-16, operative part 1) 
2. As the definition of 'package' referred 
to in Article 2(1) of Directive 90/314 
on package travel, package holidays 
and package tours includes holidays 
organised in accordance with the con­
sumer's specifications, the term 'pre­
arranged combination' used in that 
provision necessarily covers cases 
where the combination of tourist ser­
vices is the result of the wishes 
expressed by the consumer up to the 
moment when the parties reach an 
agreement and conclude the contract. 
The term 'pre-arranged combination' 
used in Article 2(1) of Directive 90/314 
must be interpreted so as include com­
binations of tourist services put 
together at the time when the contract 
is concluded between the travel agency 
and the consumer. 
(see paras 19-20, operative part 2) 
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