Thursday 8th June 2023

Judgment in Cases C-407/21 UFC – Que choisir et CLCV and C-540/21 Commission v Slovakia (Right of cancellation without costs)

(Consumer protection)

C-407/21

UFC-Que Choisir and CLCV, two associations for the defense of consumer interests, have applied to the French Council of State for the annulment of an order relating to the financial conditions for the resolution of certain tourist travel and holiday contracts in exceptional and unavoidable circumstances or force majeure.

This regulation was adopted in the context of the COVID-19 pandemic, in order to allow travel organizers to issue a voucher instead of proceeding to the full reimbursement of payments made by travellers, by way of derogation from the requirements of the directive relating to package travel.

According to the French government, this measure was intended to preserve the viability of the tourism sector by preventing the solvency of travel organizers from being affected to the point of jeopardizing their existence, due to the large number of reimbursement requests linked to the coronavirus pandemic.

C-540/21

In Commission v Slovakia the Court is asked to look into a legislative amendment depriving travelers of their right to terminate a package travel contract and to receive a refund.

Background Documents C-407/21

Background Documents C-540/21