CELEX: 62010CO0032
Language: en
Date: 2011-05-11 00:00:00
Title: Order of the Court (Fifth Chamber) of 11 May 2011.#Tony Georgiev Semerdzhiev v Del-Pi-Krasimira Mancheva.#Reference for a preliminary ruling: Varhoven kasatsionen sad - Bulgaria.#Article 92(1) of the Rules of Procedure - Directive 90/314/EEC - Package travel, package holidays and package tours - Facts preceding the accession of the Republic of Bulgaria to the European Union - Manifest lack of jurisdiction of the Court to answer the questions referred.#Case C-32/10.

Order of the Court (Fifth Chamber) of 11 May 2011 – Semerdzhiev v Del-Pi-Krasimira Mancheva
      (Case C-32/10)
      Article 92(1) of the Rules of Procedure – Directive 90/314/EEC – Package travel, package holidays and package tours – Facts preceding the accession of the Republic of Bulgaria to the European Union – Manifest lack of jurisdiction of the Court to answer the questions referred
      Preliminary rulings – Jurisdiction of the Court – Limits – Interpretation of a Community directive in proceedings antedating the accession of a Member State to the European Union – Not included (Art. 267 TFEU) (see paras 25-27)
      Re 
      
         
               Reference for a preliminary ruling – Varhoven kasatsionen sad – Interpretation of Articles 2(1)(c), 4(1)(b)(iv) and 5(2)(3)
                  and (4) of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158,
                  p. 59) – Concept of ‘other tourist services’ not ancillary to transport or accommodation to be borne by the organiser – Obligation
                  of the organiser to conclude an individual insurance contract for each consumer and to provide the consumer with the original
                  before travel – Obligation of the organiser to conclude an individual insurance contract covering costs of repatriation in
                  case of accident – Concept of ‘damage’ resulting for the consumer from the failure to perform or the improper performance
                  of the contract – Non-material damages included.
               
            Operative part 
      The Court of Justice of the European Union clearly has no jurisdiction to rule on the questions referred by the Varhoven kasatsionen
         sad (Bulgaria).