Judgment of the Court (Fifth Chamber) of 16 February 2012 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Jürgen Blödel-Pawlik v HanseMerkur Reiseversicherung AG

(Case C-134/11) (1)

(Directive 90/314/EEC - Package travel, package holidays and package tours - Article 7 - Protection against the risk of insolvency or bankruptcy on the part of the package organiser - Scope - Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers)

2012/C 98/13

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Jürgen Blödel-Pawlik

Defendant: HanseMerkur Reiseversicherung AG

Re:

Reference for a preliminary ruling — Landgericht Hamburg — Interpretation of Article 7 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59) — Protection against the risk of insolvency or bankruptcy of the organiser — Insolvency of the organiser on account of misappropriation of the funds transferred by consumers — Applicability of Directive 90/314/EEC

Operative part of the judgment

Article 7 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours is to be interpreted as covering a situation in which the insolvency of the travel organiser is attributable to its own fraudulent conduct.

(1)  OJ C 179, 18.6.2011.