Nesplnenie povinnosti riadne prevziať smernicu, účinky smernice a zodpovednosť štátu za škodu v prípade zájazdov neuskutočnených v období pandémie Covid-19.

Failure to fulfil obligations under Directive, the effects of Directive and State‘s liability for damage in the case of travel packages not undertaken during the period of the Covid-19 pandemic.

Prof. JUDr. Monika Jurčová, PhD., Právnická fakulta Trnavskej univerzity v Trnave.

Právny obzor, 107, 2024, No. 3, pp. 236 – 262.

Published online: 20.6.2024

https://doi.org/10.31577/pravnyobzor.2024.3.02

Abstract. The Court of Justice of the EU held by its Judgment of 8 J une 2023 that the Slovak Republic has failed to fulfil its obligation under Article 12(2), (3)(b) and (4) of Directive (EU) 2015/2302 by the adoption of the Act No 136/2020 of 20 May 2020, particularly Paragraph 33a into Law No 170/2018 on package travel, linked tourist services and certain conditions applicable to tourist activity. The purpose of this article is, in addition to a brief recapitulation and interpretation of the legislation on package travel in question, in conjunction with the judgment in Case C-540/21, to focus on the effects of the Directive in horizontal relations (between travellers and travel organisers) and the liability of the State for damages for breach of EU law caused by the incorrect implementation of the Directive (EU) 2015/2302. The prerequisites of State liability for damages were developed by Court of Justice of the EU. The Factortame judgment established a simple three-step test for establishing State liability based on following steps: (a) the provision of European law in question creates a right in favour of individual persons, (b) the breach of European law is sufficiently serious,(c) there is a direct causal link between the breach of European law and the damage caused. Slovak national legislation is represented by Act on Liability for Damage Caused in the Exercise of Public Authority and on Amendments to Certain Acts. The paper is concentrated on discussion whether interest on late payment of package refunds, enrichment of the travel organiser as a result of delayed payment of refunds, and the costs of proceedings in which travellers have claimed the right to a refund of package payments may constitute a recoverable claim for damages.

Key words: Failure of a Member State to fulfil obligations, Package travel and linked travel arrangements, Directive (EU) 2015/2302, Unavoidable and extraordinary circumstances, COVID-19 pandemic, Refund of payments made by the traveller for the package, Indirect effect of Directive, state liability for damages

ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.

Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).

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