19.9.2022 |
EN |
Official Journal of the European Union |
C 359/42 |
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 21 June 2022 — DocLX Travel Events GmbH v Verein für Konsumenteninformation
(Case C-414/22)
(2022/C 359/48)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law: DocLX Travel Events GmbH
Respondent in the appeal on a point of law: Verein für Konsumenteninformation
Questions referred
1. |
Must Article 12(2) of Directive (EU) 2015/2302 (1) be interpreted as meaning that the traveller — irrespective of the time of his or her declaration of termination — is in any event entitled to terminate a package free of charge if the unavoidable and extraordinary circumstances significantly affecting the package did in fact occur at the time of the (scheduled) start of the package? |
2. |
Must Article 12(2) of Directive 2015/2302 be interpreted as meaning that the traveller is already entitled to terminate a package free of charge if the occurrence of unavoidable and extraordinary circumstances was to be expected at the time of the declaration of termination? |
(1) Directive of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ 2015 L 326, p. 1).