ECJ: Travellers May Sue in Court of Their Domicile

Aug 23, 2024 Benn-Ibler Rechtsanwälte

Consumers travelling abroad have the right to sue their tour operator in the courts of their place of residence, the European Court of Justice (hereinafter ECJ) has ruled. This applies even if the tour operators and the consumers live in the same Member State.

In the case at hand, a consumer residing in Nuremberg (Germany) had booked a holiday abroad with FTI Touristik GmbH, a Munich-based tour operator. The consumer brought an action for damages before the Landgericht (Regional Court) of Nuremberg claiming that FTI Touristik had not provided him with sufficient information about entry conditions and necessary visas required for his holiday destination country.

FTI Touristik contended that the Landgericht did not have territorial jurisdiction. In cases where the travellers and the tour operators are domiciled in the same Member State, the Brussels Ia Regulation on jurisdiction does not apply, FTI argued.

Consequently, the Landgericht submitted a question to the ECJ on that point, which has recently replied by stating that the Brussels Ia Regulation is applicable to foreign holidays even where the consumer and the tour operator are residents of the same Member State. That international element is sufficient for the Regulation to apply, the ECJ argued.

The Brussels Ia Regulation does not only determine international jurisdiction, but also territorial jurisdiction for actions brought by consumers against the other contracting party, providing that the court of the place where the consumer has their domicile shall have jurisdiction. The aim is to ensure that the weaker party, in this case the consumers, can bring an action against the stronger party at a court venue easily accessible to the consumer.

ECJ C-774/22 (29 July 2024)