INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW c. Termination in the event of unavoidable and extraordinary circumstances During the COVID-19 pandemic, there were several questions raised as to the interpretation of the concept of ‘unavoidable and extraordinary circumstances’ that would give a traveller the right to terminate a contract without the obligation to pay a termination fee. Thus, it is not surprising that some national courts and tribunals turned to the CJEU to clarify this autonomous concept of EU law and give some guidance in this regard. Recently, the first CJEU’s decisions related to this concept have been issued, and to a certain extent, they are reflected in the Commission’s Proposal. Place of unavoidable and extraordinary circumstances Firstly, the Commission proposed the revision of Article 12(2) of the Directive by the explicit clarification that – in order to confer a traveller the right to terminate the contract without the obligation to pay a termination fee – unavoidable and extraordinary circumstances should be present either at the travel destination (or its immediate vicinity or affecting the journey to the destination) or at the places of residence or departure, in all cases significantly affecting the ability to complete the package travel. Such modification that takes into consideration not only the travel destination but also the place of residence and the place of departure was clearly influenced by the CJEU judgments in cases C-407/21 and C-299/2216. In the case C-407/2117 that was originally initiated by two consumer protection associations requesting the annulment of the French emergency order claiming that it was contrary to Article 12 of the Package Travel Directive, the CJEU held that the concept of unavoidable and extraordinary consequences should be interpreted so as to include not only the spread of a serious disease at the relevant travel destination but also (a fortiori) the spread of a serious disease on a global scale.18 This interpretation was further elaborated by AG Medina in her opinion in the case C-299/2219 where she explicitly stated that when assessing the existence of unavoidable and extraordinary circumstances, the situation at the place of departure as well as the intermediary points related to the trip should also be taken into consideration.20 This position was followed by the CJEU.21 16 CJEU, case C-299/22, M. D. v 'Tez Tour' UAB of 29 February 2024. 17 CJEU, case C-407/21,UFC, Que choisir, CLCV v Premier ministre, Ministre de l’Économie, des Finances et de la Relance of 8 June 2023. 18 Para. 48 of the Judgment. 19 Opinion of the Advocate General Medina in case C-299/22, M. D. v 'Tez Tour' UAB of 21 September 2023. 20 Para. 69 of the Opinion. 21 Para. 93 of the Judgment.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==