Insolvency protection for package holidays – development, CJEU case law and the new Commission proposal
摘要
Holiday packages are usually booked well in advance of the respective start of the package. In most cases, the package organiser charges a desposit which is due after the package travel contract has been concluded. If the organiser becomes insolvent before the start of the package, the travellers run the risk of losing their money without receiving any contractual services. If the insolvency occurs during the period of the package, travellers may be stranded abroad. Many jurisdictions have long recognised these risks and provided appropriate guarantees. The European legislator adopted that concept in the Package Travel Directives of 1990 and 2015. Insolvency protection of package travellers has also been subject to a number of CJEU judgments. Recently, the EU Commission came up with a proposal for a more detailed regulation of insolvency protection. This article examines the implications of the developments, the CJEU case law and the recent proposal, and draws conclusions for a better regulation.