(Case C-540/21 Action brought on 27August 2021– European Commission v Slovak Republic
Fecha: 27-Ago-2021
Action brought on 27August 2021– European Commission v Slovak Republic
(Case C-540/21)
Language of the case: Slovak
Parties
Applicant: European Commission (represented by: R.Lindenthal, I.Rubene and A.Tokár, acting as Agents)
Defendants: Slovak Republic
Form of order sought
The applicant claims that the Court should:
Declare that, by adopting Paragraph33a of Zákon č. 170/2018 (Law No170/2018) inserted by Zákon č. 136/2020 (Law No136/2020) of 20May 2020, the Slovak Republic has failed to fulfil its obligations under Article12(2), Article12(3)(b) and Article12(4) of Directive (EU) 2015/2302,1 in conjunction with Article4 thereof; and
Order the Slovak Republic to pay the costs.
Pleas in law and main arguments
Under Article12(2) of Directive (EU) 2015/2302, the traveller has the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination. Under Article12(3)(b) of that directive, the organiser has the same right to terminate the package travel contract where the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances.
Article12(4) of Directive (EU) 2015/2302 provides that, in the event of termination of the package travel contract, the organiser is required to provide to the traveller any refunds without undue delay and in any event not later than 14days after the package travel contract is terminated. Article4 of that directive also prohibits Member States from adopting provisions which diverge from the provisions of that directive, including more or less stringent provisions which would ensure a different level of traveller protection.
By adopting Law No136/2020, which supplements Zákon č. 170/2018 Z. z. o zájazdoch, spojených službách cestovného ruchu, niektorých podmienkach podnikania v cestovnom ruchu (Law No170/2018 on package tours, linked tourism services and some conditions for business in tourism), the Slovak Republic infringed Article12(2), Article12(3)(b) and Article12(4) of the Directive in conjunction with Article4 thereof.
This is because Paragraph33a(7) of Law No170/2018 provides that the travel agency is required to agree with the traveller on the provision of a replacement package tour by 31August 2021 at the latest. Under Paragraph33a(9), where the travel agency fails to reach an agreement with the traveller on the provision of a replacement package tour by 31August 2021, it is deemed to have withdrawn from the package tour contract and is required to refund the traveller all payment which it accepted on the basis of the package tour contract without delay, and by 14September 2021 at the latest.