CELEX: 62019CN0578
Language: en
Date: 2019-07-30 00:00:00
Title: Case C-578/19: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 30 July 2019 — X v Kuoni Travel Ltd

30.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/32
            
         
      Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 30 July 2019 — X v Kuoni Travel Ltd
      (Case C-578/19)
      (2019/C 328/35)
      Language of the case: English
      
         Referring court
      
      Supreme Court of the United Kingdom (United Kingdom)
      
         Parties to the main proceedings
      
      Applicant: X
      
         Respondent: Kuoni Travel Ltd
      
         Questions referred
      
      
                  1)
               
               
                  Where there has been a failure to perform or an improper performance of the obligations arising under the contract of an organizer or retailer with a consumer to provide a package holiday to which Council Directive 90/314/EEC (1) of 13 June 1990 on package travel, package holidays and package tours applies, and that failure to perform or improper performance is the result of the actions of an employee of a hotel company which is a provider of services to which that contract relates:
                  
                              a)
                           
                           
                              is there scope for the application of the defence set out in the second part of the third alinea to article 5(2); and, if so,
                           
                        
                              b)
                           
                           
                              by which criteria is the national court to assess whether that defence applies?
                           
                        
            
                  2)
               
               
                  Where an organizer or retailer enters into a contract with a consumer to provide a package holiday to which Council Directive 90/314/EEC applies, and where a hotel company provides services to which that contract relates, is an employee of that hotel company himself to be considered a ‘supplier of services’ for the purposes of the defence under article 5(2), third alinea of the Directive?
               
            
         (1)  OJ 1990, L 158, p. 59.