Wed. Sep 18th, 2024
- This event has passed.
EU Judgment in Joined Cases C-771/22 HDI Global and C-45/23 MS Amlin Insurance
29 July
Monday, 29 July 2024
EU Judgment in Joined Cases C-771/22 HDI Global and C-45/23 MS Amlin Insurance
(Approximation of laws)
In 2020, due to the Covid-19 pandemic, travellers in Austria and Belgium cancelled their package holidays to Gran Canaria and the Dominican Republic, respectively. After their tour operators went bankrupt, they asked their insurers to reimburse them for the payments made.
The insurers refused to make these reimbursements on the grounds that they would only insure in the event that the trip is not carried out due to the organiser’s insolvency. However, in the present cases, the trips were cancelled by the travellers, and the organiser’s insolvency occurred at a later date.
The Austrian and Belgian courts hearing these cases have asked the Court of Justice to interpret the Package Travel Directive. This directive stipulates that Member States must ensure that organisers provide a guarantee for the reimbursement of all payments made by travellers if the services concerned are not carried out due to the organisers’ insolvency.
Montag, 29. Juli 2024
Urteil des EU-Gerichtshofs in den verbundenen Rechtssachen C‑771/22 HDI Global und C‑45/23 MS Amlin Insurance
Schutz von Pauschalreisenden bei Insolvenz des Reiseveranstalters
Verschiedene Verbraucher traten angesichts der Covid-19-Pandemie von den von ihnen gebuchten Pauschalreisen zurück. Nach dem Rücktritt wurden die Reiseveranstalter insolvent. Die Verbraucher verlangen daher von den Insolvenzversicherern der Reiseveranstalter die Erstattung des bezahlten Reisepreises. Die Versicherer lehnten das ab, weil die Reisen nicht wegen der Insolvenz des Veranstalters nicht stattgefunden hätten, sondern wegen des Rücktritts der Verbraucher.
Ein österreichisches und ein belgisches Gericht haben den Gerichtshof um Auslegung der Pauschalreise-Richtlinie 2015/2302 ersucht. Sie möchten wissen, ob der darin vorgesehene Insolvenzschutz auch den Fall abdeckt, dass der Reisende vor der Insolvenz des Reiseveranstalters aufgrund von unvermeidbaren, außergewöhnlichen Umständen vom Vertrag zurückgetreten ist.
Generalanwältin Medina hat das in ihren Schlussanträgen vom 7. März 2024 bejaht.
Weitere Informationen C-771/22
Details
- Date:
- 29 July
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑45/23 MS Amlin Insurance, C‑771/22 HDI Global
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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