EN
27.3.2023
Official Journal of the European Union
C 112/25
3.
Is Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services, 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 (‘Directive 2015/2302’) to be interpreted as meaning that payments made by a traveller to the travel organiser before the start of the trip or holiday are covered where, even before the occurrence of insolvency, the traveller terminates the contract due to exceptional circumstances within the meaning of Article 12 of that directive, and the insolvency of the travel organiser occurred due to those exceptional circumstances?
(1)
OJ 2015 L 326, p. 1.
Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 December 2022 — JX v FTI Touristik GmbH (Case C-774/22, FTI Touristik) (2023/C 112/32) Language of the case: German Referring court Amtsgericht Nürnberg Parties to the main proceedings Applicant: JX Defendant: FTI Touristik GmbH Question referred Is Article 18(1) of Regulation (EU) No 1215/2012 (1) of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Article 18(1) of the Brussels I Regulation) to be interpreted as meaning that, in addition to providing for international jurisdiction, the rule also concerns a provision on the territorial jurisdiction of national courts in matters relating to a travel contract where both the consumer, as a traveller, and the other party to the contract, the tour operator[,] have their seat in the same Member State, but the travel destination is situated not in that Member State but abroad (so-called ‘false internal cases’) with the consequence that the consumer can make contractual claims against the tour operator supplementing national provisions on jurisdiction at the court of his or her place of residence?
(1)
OJ 2012 L 351, p. 1.
Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 22 December 2022 — flightright GmbH v TAP Portugal (Case C-778/22, flightright) (2023/C 112/33) Language of the case: German Referring court Amtsgericht Hamburg Parties to the main proceedings Applicant: flightright GmbH Defendant: TAP Portugal