CELEX: 62019CA0578
Language: en
Date: 2021-03-18 00:00:00
Title: Case C-578/19: Judgment of the Court (Third Chamber) of 18 March 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — X v Kuoni Travel Ltd (Reference for a preliminary ruling — Directive 90/314/EEC — Article 5(2), third indent — Package travel, package holidays and package tours — Contract concerning package travel concluded between a travel organiser and a consumer — Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services — Damage resulting from the acts of an employee of a supplier of services — Exemption from liability — Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services — Concept of a ‘supplier of services’)

10.5.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/10
            
         
      Judgment of the Court (Third Chamber) of 18 March 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — X v Kuoni Travel Ltd
      (Case C-578/19) (1)
      
      (Reference for a preliminary ruling - Directive 90/314/EEC - Article 5(2), third indent - Package travel, package holidays and package tours - Contract concerning package travel concluded between a travel organiser and a consumer - Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services - Damage resulting from the acts of an employee of a supplier of services - Exemption from liability - Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services - Concept of a ‘supplier of services’)
      (2021/C 182/13)
      Language of the case: English
      
         Referring court
      
      Supreme Court of the United Kingdom
      
         Parties to the main proceedings
      
      
         Appellant: X
      
         Respondent: Kuoni Travel Ltd
      
         Intervener: ABTA Ltd
      
         Operative part of the judgment
      
      The third indent of Article 5(2) of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, in so far as it provides for a ground for exemption from liability of an organiser of package travel for the proper performance of the obligations arising from a contract relating to such travel, concluded between that organiser and a consumer and governed by that directive, must be interpreted as meaning that, in the event of non-performance or improper performance of those obligations, which is the result of the actions of an employee of a supplier of services performing that contract:
      
                  —
               
               
                  that employee cannot be regarded as a supplier of services for the purposes of the application of that provision, and
               
            
                  —
               
               
                  the organiser cannot be exempted from its liability arising from such non-performance or improper performance, pursuant to that provision.
               
            
         (1)  OJ C 328, 30.9.2019.