Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 11 March 2022 – TR, UQ v FTI Touristik GmbH

(Case C-193/22)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicants: TR, UQ

Defendant: FTI Touristik GmbH

Questions referred

Is Article 12(2) of Directive (EU) 2015/2302 ¹ of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements to be interpreted

as meaning that the assessment of the justification of the termination must be based solely on such unavoidable and extraordinary circumstances as have already occurred at the time of termination,

or as meaning that it is also necessary to take into account extraordinary circumstances that actually occur after the termination but before the planned start of the journey (being the latest possible date of termination)?

If (a) is answered in the affirmative:

(aa): Is Article 12(2) of the directive to be interpreted as meaning that, in the course of legal proceedings on the justification of termination, travellers may also rely on such unavoidable and extraordinary circumstances as had already occurred at the time of termination but of which they only became aware later?

Is Article 12(2) of the directive to be interpreted as meaning that the right to terminate without incurring any fees is not available where the circumstances on which the traveller relies already existed at the time of booking and were known to the traveller?

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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).