CJEU CASE C-299/22 M.D. V UAB TEZ TOUR average traveller, who is sufficiently informed, reasonably observant and discerning on the date of termination of the relevant package travel contract. 4. ON THE THIRD QUESTION REFERRED FOR A PRELIMINARY RULING Recital of p. 31 of the Travel Directive provides for one of the unavoidable and extraordinary (special) circumstances - an outbreak of serious illness at the place of destination. Obviously, the seriousness of the disease and the assessment of the outbreak is a question of fact. It should be noted that when the Travel Directive was drafted, the global pandemic COVID-19 had not yet been recorded and the special circumstance to be analysed is an outbreak of the disease at the place of destination compared to the disease in the country of departure. For example, the facts of the present case are that, according to the World Health Organisation, on 10 February 2020, the date on which the Claimant entered into the package travel contract, there were only 12 illnesses in the UAE, and on the date of the cancellation, there were 23 (https://www.who.int/countries/are/). When assessing the number of cases ex ante, the number of cases cannot be considered as an outbreak of disease, nor as a significant change since the contract was concluded. In other words, the circumstances that existed at the time of the conclusion of the contract by the Claimants were hardly different from the circumstances that existed at the time of the termination. The existence of these circumstances (foreseeability) before the conclusion of the contract eliminates the right of the traveller to cancel the contract without payment of a fee due to an outbreak of illness at the place of destination. The Court of Justice has similarly stated that '<...> that objective does not require protecting travellers against risks which, on the date of conclusion of the package travel contract, were already known to them or were foreseeable for them and which they therefore accepted for the purposes of their journey." (Judgement p. 78). "Thus, circumstances already known to the traveller concerned or foreseeable for him or her on the date of conclusion of the package travel contract cannot be the basis for exercising the right to terminate such a contract without paying a termination fee, provided for in Article 12(2) of Directive 2015/2302." (Judgement p. 79). In the proceedings before the National Court, the Claimant states that on 2020-02-27, the date of termination of the contract, information
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