August 2011

The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.

German Oberlandesgericht Jena recently held that it was an illegal trade practice to autmaticly include a cancellation insurance to the ticket price during the online booking process. Such practice would deceive the average consumer even if he had the option to avoid the inclusion of the insurance by unclicking the related tickbox. The deceptive practice would also violate EU Regulation 1008/2008 on on common rules for the operation of air services in the Community.

Albania's tourism industry continues to impress, with a record number of visitors crossing the border this weekend, according to a report in regional news portal Balkans.com on August 8 2011.  According to the report, some 57,255 people entered the country over the weekend, with the main activity recorded at the Morine crossing bordering Kosovo, where some 22,000 people entered on one day.