Judgment of the Court (Third Chamber) 30 April 2002 in Case C-400/00 (Reference for a preliminary ruling from the Tribunal Judicial da Comarca do Porto): Club-Tour, Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves Garrido, Third party: Club Med Viagens Ld..a (Directive 90/314/EEC — Package travel, package holidays and package tours — Definition of "package travel" and "pre-arranged")
Date: 2002-06-15
Institutions: Court of Justice
Subjects: EU law, holiday, interpretation of the law, package travel, provision of services, travel, travel agency

C 144/10

EN

Official Journal of the European Communities

15.6.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

30 April 2002

(Fifth Chamber)

25 April 2002

in Case C-400/00 (Reference for a preliminary ruling from
the Tribunal Judicial da Comarca do Porto): Club-Tour,
Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves
Garrido, Third party: Club Med Viagens Ld.ª (1)

(Directive 90/314/EEC — Package travel, package holidays
and package tours — Definition of ‘package travel’ and ‘pre-
arranged’)

(2002/C 144/14)

(Language of the case: Portuguese)

In Joined Cases C-418/00 and C-419/00: Commission of
the European Communities v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Community system for the conservation and management
of fishery resources — Inspection of fishing vessels and
monitoring of catches (Article 5(2) of Regulation (EEC)
No 170/83, Article 1(1) of Regulation (EEC) No 2241/87,
Article 9(2) of Regulation (EC) No 3760/92 and Article 2 of
Regulation (EEC) No 2847/93) — Late suspension of fishing
(Article 11(1) and (2) of Regulation No 2241/87 and
Article 21(1) and (2) of Regulation No 2847/93) — Absence
of penal or administrative action against those responsible
for exceeding quotas (Article 1(2) of Regulation No 2241/
87 and Article 31 of Regulation No 2847/93))

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

(2002/C 144/15)

(Language of the case: French)

In Case C-400/00: Reference to the Court under Article 234
EC by the Tribunal Judicial da Comarca do Porto (Portugal) for
a preliminary ruling in the proceedings pending before that
court between Club-Tour, Viagens e Turismo SA and Alberto
Carlos Lobo Gonçalves Garrido; Third party: Club Med Viagens
Ld.ª, on the interpretation of Article 2(1) of Council Directive
90/314/EEC of 13 June 1990 on package travel, package
holidays and package tours,
(Third Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann (Rapporteur) and J. N. Cunha Rodrigues, Judges; A. Tiz-
zano, Advocate General; R. Grass, Registrar, has given a
judgment on 30 April 2002, in which it:

the Court

1.

2.

The term ‘package’ used in Council Directive 90/314/EEC of
13 June 1990 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.

The term ‘pre-organised combination’ used in Article 2(1) of
Directive 90/314 must be interpreted so as
to include
combinations of tourist services put together at the time when
the contract is concluded between the travel agency and the
consumer.

(1) OJ C 372 of 23.12.2000.

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

In Joined Cases C-418/00 and C-419/00, Commission of the
European Communities, (Agents: T. van Rijn and B. Mongin) v
French Republic,
(Agents: C. Vasak and G. de Bergues):
Application for a declaration that:

— by failing to determine the appropriate detailed rules for
the utilisation of the quotas allocated to it for the 1991 to
1994 fishing years (Case C-418/00) and the 1995 and
1996 fishing years (Case C-419/00),

— by failing to ensure compliance with the Community
rules on the conservation of species through monitoring
of fishing activities, and through appropriate inspection
of landings and catch records,

— by not provisionally prohibiting fishing by vessels flying
the French flag or registered in French territory when the
catches landed were deemed to have exhausted the
corresponding quota and by finally prohibiting fishing
only when the corresponding quota had been consider-
ably exceeded, in the 1991 to 1994 fishing years (Case
C-418/00), and the 1995 and 1996 fishing years (Case
C-419/00), and

— by failing to take penal or administrative action against
any master of a vessel or other person responsible for
in the
fishing after a prohibition had been imposed,
1991 to 1994 fishing years (Case C-418/00), and the
1995 and 1996 fishing years (Case C-419/00),