Supreme Court (OGH) decision on Art. 3 of the Package Tours Directive

In a recent decison Austria’s Supreme Court (OGH) held that Art 3 of of the Package Tours Directive, providing that any descriptive matter concerning a package and supplied by the organizer or the retailer to the consumer must not contain any misleading information doesn’t apply if the retailer in presence of the consumer looked up the hotel’s website and handed over to him a printaout of the desciption given there: from the recitals to the directive whereas the organizer of the package and/or the retailer of it should be under obligation to ensure that in descriptive matter relating to packages which they respectively organize and sell, the information which is given is not misleading, OGH concluded that the obligation was limted to such descriptive matter the content of which the organizer or retailer could shape or influence.Full text of the decision (2 Ob 247/05w of 08. March 2007) available in German at

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