Order of the Court of 11 May 2011 (reference for a preliminary ruling from the Varhoven kasatsionen sad (Bulgaria)) — Tony Georgiev Semerdzhiev v ET Del-Pi-Krasimira Mancheva

(Case C-32/10) (1)

(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)

(2011/C 232/16)

Language of the case: Bulgarian

Referring court

Varhoven kasatsionen sad (Bulgaria)

Parties to the main proceedings

Applicant: Tony Georgiev Semerdzhiev

Defendant: ET Del-Pi-Krasimira Mancheva

Intervening party: ZAD Bulstrad VIG

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 for the organiser to conclude an individual insurance contract for each consumer and to provide the consumer with the original before travel — Obligation for 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 of the order

The Court of Justice of the European Union clearly has no jurisdiction to rule on the questions referred by the Varhoven kasatsionen sad (Bulgaria).

(1)  OJ C 100, 17.4.2010.