do-me/EUR-LEX huggingface dataset:
Case C-396/221: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, NS v FTI Touristik GmbH (Reference for a preliminary ruling — Directive (EU) 2015/2302 — Article 14(1) — Package travel and linked travel arrangements — Performance of a package travel contract — Liability of the organiser concerned — Measures to fight the worldwide spread of an infectious disease — COVID-19 pandemic — Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries — Lack of conformity of the services provided as part of the package concerned — Appropriate reduction in the price of that package)
Date: 2023-01-12
Institutions: Court of Justice
Subjects: contract terms, contractual liability, coronavirus disease, disease prevention, epidemic, package travel, reduced price, traveller








C_2023071EN.01001101.xml










27.2.2023   


EN


Official Journal of the European Union


C 71/11






Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, NS v FTI Touristik GmbH
(Case C-396/221) (1)

(Reference for a preliminary ruling - Directive (EU) 2015/2302 - Article 14(1) - Package travel and linked travel arrangements - Performance of a package travel contract - Liability of the organiser concerned - Measures to fight the worldwide spread of an infectious disease - COVID-19 pandemic - Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries - Lack of conformity of the services provided as part of the package concerned - Appropriate reduction in the price of that package)
(2023/C 71/12)
Language of the case: German

Referring court

Landgericht München I

Parties to the main proceedings


Applicants: KT, NS

Defendant: FTI Touristik GmbH

Operative part of the judgment

Article 14(1) of 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,
must be interpreted as meaning that a traveller is entitled to a reduction in the price of his or her package holiday where a lack of conformity of the travel services included in the package is due to restrictions that have been imposed at the travel destination to fight the spread of an infectious disease and such restrictions have also been imposed in the traveller’s place of residence and in other countries due to the worldwide spread of that disease. In order for that price reduction to be appropriate, it must be assessed in the light of the services included in the package concerned and must correspond to the value of the services for which a lack of conformity has been found.


(1)  OJ C 382, 20.9.2021.
Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)
Date: 2023-01-12
Institutions: Court of Justice
Subjects: EU competition policy, Lithuania, carriage of goods, control of restrictive practices, dominant position, public sector, rail network, sanction (EU)








C_2023071EN.01000401.xml










27.2.2023   


EN


Official Journal of the European Union


C 71/4






Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB
(Case C-42/21 P) (1)

(Appeal - Competition - Abuse of dominant position - Rail freight market - Decision finding an infringement of Article 102 TFEU - Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company - Removal of a section of railway track - Concept of ‘abuse’ - Actual or likely exclusion of a competitor - Exercise by the General Court of its powers of unlimited jurisdiction - Reduction of the fine)
(2023/C 71/04)
Language of the case: English

Parties


Appellant: Lietuvos geležinkeliai AB (represented by: K. Apel, W. Deselaers and P. Kirst, Rechtsanwälte)

Other parties to the proceedings: European Commission (represented by: A. Cleenewerck de Crayencour, A. Dawes, H. Leupold and G. Meessen, acting as Agents), Orlen Lietuva AB (represented by: C. Conte, avvocato, and C. Thomas, avocat)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Lietuvos geležinkeliai AB to bear its own costs and to pay the costs incurred by the European Commission and by Orlen Lietuva AB.






(1)  OJ C 98, 22.3.2021.