Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena (Spain) lodged on 8 February 2022 – RTG v Tuk Travel, S.L.
(Case C-83/22)
Language of the case: Spanish
Referring court
Juzgado de Primera Instancia No 5 de Cartagena
Parties to the main proceedings
Applicant: RTG
Defendant: Tuk Travel, S.L.
Questions referred
Must Articles 169(1) and (2)(a) TFEU and 114(3) TFEU be interpreted as precluding Article 5 of Directive 2015/2302 1 on package travel and linked travel arrangements, since that article does not include, among the compulsory precontractual information to be provided to travellers, the right, conferred on travellers by Article 12 of the directive, to terminate the contract before the start of the package and obtain a full refund of payments made in the event of unavoidable and extraordinary circumstances which significantly affect the performance of the package?
Do Articles 114 and 169 TFEU, and Article 15 of Directive 2015/2302, preclude the application of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part, which are laid down in Articles 216 and 218(1) LEC [Ley de Enjuiciamiento Civil (Law on Civil Procedure)], where those procedural principles are liable to impede the full protection of the applicant consumer?
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1 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ 2015 L 326, p. 1).