INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW as a whole, to restrict access to the country, to tighten access procedures, etc. (political factor). It is clear that the possibility of avoiding the consequences is a question of fact, depending on the specific facts of the case, to be determined by the courts of lower instances. It is interesting to note that the national courts of first instance and appeal that heard the case found that the evidence in the case did not justify treating the circumstances as force majeure, since: - on 2020-02-27, i.e. on the date of termination of the contract, there was no outbreak of any serious illness in Lithuania or the United Arab Emirates that would have made it impossible to reach the destination; - No de facto and/or political restrictions have been imposed in Lithuania or the United Arab Emirates; - According to the World Health Organisation, on 2020-02-10, the date on which the Claimant entered into the package tour contract, the number of illnesses in the UAE was only 12, whereas on the date of cancellation the number of illnesses was 23 (https://www.who.int/countries/are/), i.e. the number of illnesses remained virtually unchanged, and the numbers referred to on the date of cancellation could not in any way be regarded as an outbreak of a serious disease; - The applicant purchased the trip from the defendant on 10 February 2020, whereas the letter from the Ministry of Foreign Affairs shows that the information on the security measures had already been made public on 8 January 2020, and there were no new recommendations between the time the applicant purchased the trip on 10 February 2020 and the time he terminated the contract. Thus, there were no changes and no major risks between the purchase of the trip and its cancellation, and the situation and the risk information remained unchanged. It is important to note that, according to Article 19(1) of the Treaty on European Union, the mission of the Court of Justice of the European
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