Keywords
Subject of the case
Operative part

Keywords

Preliminary rulings

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Jurisdiction of the Court

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Limits

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Interpretation of a Community directive in proceedings antedating the accession of a Member State to the European Union

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Not included (Art. 267 TFEU) (see paras 25-27

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Subject of the case

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

Operative part

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