Judgment of the Court (Sixth Chamber) 12 March 2002 in Case C-168/00 (Reference for a preliminary ruling from the Landesgericht Linz): Simone Leitner v TUI Deutschland GmbH & Co. KG (Directive 90/314/EEC — Package travel, package holidays and package tours — Compensation for non-material damage)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: Austria, damage, holiday, interpretation of the law, package travel, travel

18.5.2002

EN

Official Journal of the European Communities

C 118/11

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

12 March 2002

(Fifth Chamber)

of 15 January 2002

in Case C-168/00 (Reference for a preliminary ruling
from the Landesgericht Linz): Simone Leitner v TUI
Deutschland GmbH & Co. KG (1)

(Directive 90/314/EEC — Package travel, package holidays
and package tours — Compensation for non-material dam-
age)

(2002/C 118/15)

in Case C-171/00 P: Alain Libéros v Commission of the
European Communities (1)

(Appeal — Possibility for the Judge-Rapporteur in the Court
of First Instance to hear and determine a case sitting as a
single Judge — Member of the temporary staff — Classifi-
cation in grade — Professional experience)

(2002/C 118/16)

(Language of the case: French)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-168/00: Reference to the Court under Article 234
EC by the Landesgericht Linz (Austria) for a preliminary ruling
in the proceedings pending before that court between Simone
Leitner and TUI Deutschland GmbH & Co. KG, on the
interpretation of Article 5 of Council Directive 90/314/EEC of
13 June 1990 on package travel, package holidays and package
tours (OJ 1990 L 158, p. 59), the Court (Sixth Chamber),
composed of: N. Colneric, President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann
(Rapporteur),
J.-P. Puissochet, V. Skouris and J.N. Cunha
Rodrigues, Judges; A. Tizzano, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 12 March 2002, in which it has ruled:

Article 5 of Council Directive 90/314/EEC of 13 June 1990 on
package travel, package holidays and package tours is to be interpreted
as conferring, in principle, on consumers a right to compensation for
non-material damage
resulting from the non-performance or
improper performance of the services constituting a package holiday.

In Case C-171/00 P: Alain Libéros (avocat: M.-A. Lucas) —
appeal against the judgment of the Court of First Instance of
the European Communities (single judge) of 9 March 2000 in
Case T-29/97 Libéros v Commission[2000] ECR SC I-A-43
and II-185, seeking to have that judgment set aside, the other
party to the proceedings being Commission of the European
Communities (Agent: J. Currall, assisted by B. Wägenbaur), the
Court (Fifth Chamber), composed of: P. Jann, President of the
Chamber, A. La Pergola, L. Sevo´ n, M. Wathelet and C.W.A.
Timmermans (Rapporteur), Judges; C. Stix-Hackl, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
gave a judgment on 15 January 2002, in which it:

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 9 March 2000 in Case T-29/97
Libéros v Commission;

2. Annuls the decisions of the Commission of the European
Communities of 15 March 1996, definitively classifying
Mr Libéros in Grade A 7, and of 5 November 1996, rejecting
his complaint against that classification decision;

3. Orders the Commission of the European Communities to pay
all the costs of the proceedings before the Court of First Instance
and the Court of Justice.

(1) OJ C 192 of 8.7.2000.

(1) OJ C 192 of 8.7.2000.