Package Travel Directive: ECJ Preliminary Ruling Request

Dec 19, 2025 Benn-Ibler Rechtsanwälte

A Polish court has submitted questions to the Court of Justice of the European Union concerning the interpretation of Articles 14 and 3(12) of Directive (EU) 2015/2302 relating to package travel. The referral seeks to clarify the specific circumstances under which travellers may be entitled to a full or partial price reduction, compensation, or when an organiser may be exempt from liability due to unavoidable and extraordinary events.

The travellers in the case at hand had booked a package holiday to Albania, during which they encountered considerable disruptions, such as demolition activity at the accommodation, ongoing construction, excessive noise, and unsatisfactory catering. Although the travellers did utilise some tourist services, they asserted that the overall value of the holiday trip was compromised to the extent that a full refund was warranted.

During the preliminary proceedings, the national court evaluated whether the tour operator could legitimately disclaim liability in circumstances where authorities implemented measures—such as demolition work at the accommodation—without prior consultation with the organiser. The court also assessed whether price reductions and compensation might serve as deterrents or carry punitive implications.

EU Court details rules on package travel refunds and operator liability

A complete price reduction may be warranted even if certain tourist services were utilised, provided that all services exhibited deficiencies, or the trip was rendered objectively valueless due to significant contractual violations. The determining consideration is whether the overall purpose of the holiday is compromised.

Price reductions and compensation for damages under Article 14 of Directive 2015/2302 are intended solely to address the non-performance or defective performance of services. These measures do not serve as punitive or deterrent actions. Any sanctions imposed on tour operators are exclusively governed by Article 25.

An official decision does not always mean there is an 'unavoidable and extraordinary circumstance.' For such circumstances to exist, the official action must have been unpredictable, beyond control, and impossible to prevent through reasonable steps by the service provider. If the tour operator or their service provider was notified ahead of time, informed about the process, or involved in it, they cannot exclude liability.

ECJ C-469/24 (23 October 2025)