Action brought on 27 August 2021 — European Commission v Slovak Republic

(Case C-540/21)

(2021/C 431/12)

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: R. Lindenthal, I. Rubene and A. Tokár, acting as Agents)

Defendants: Slovak Republic

Form of order sought

The applicant claims that the Court should:

— Declare that, by adopting Paragraph 33a of Zákon č. 170/2018 (Law No 170/2018) inserted by Zákon č. 136/2020 (Law No 136/2020) of 20 May 2020, the Slovak Republic has failed to fulfil its obligations under Article 12(2), Article 12(3)(b) and Article 12(4) of Directive (EU) 2015/2302, (1) in conjunction with Article 4 thereof; and

— Order the Slovak Republic to pay the costs.

Pleas in law and main arguments

Under Article 12(2) of Directive (EU) 2015/2302, the traveller has the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination. Under Article 12(3)(b) of that directive, the organiser has the same right to terminate the package travel contract where the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances.

Article 12(4) of Directive (EU) 2015/2302 provides that, in the event of termination of the package travel contract, the organiser is required to provide to the traveller any refunds without undue delay and in any event not later than 14 days after the package travel contract is terminated. Article 4 of that directive also prohibits Member States from adopting provisions which diverge from the provisions of that directive, including more or less stringent provisions which would ensure a different level of traveller protection.

By adopting Law No 136/2020, which supplements Zákon č. 170/2018 Z. z. o zájazdoch, spojených službách cestovného ruchu, niektorých podmienkach podnikania v cestovnom ruchu (Law No 170/2018 on package tours, linked tourism services and some conditions for business in tourism), the Slovak Republic infringed Article 12(2), Article 12(3)(b) and Article 12(4) of the Directive in conjunction with Article 4 thereof.

This is because Paragraph 33a(7) of Law No 170/2018 provides that the travel agency is required to agree with the traveller on the provision of a replacement package tour by 31 August 2021 at the latest. Under Paragraph 33a(9), where the travel agency fails to reach an agreement with the traveller on the provision of a replacement package tour by 31 August 2021, it is deemed to have withdrawn from the package tour contract and is required to refund the traveller all payment which it accepted on the basis of the package tour contract without delay, and by 14 September 2021 at the latest.

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