give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances». While the latter specifies that: «During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or applying after returning from the trip or holiday, such as quarantine requirements for a significant period, are also relevant when assessing the justification of the termination of a package travel contract». V. CJEU CASE LAW The process for approving the commission’s proposal is now underway. Therefore, at the time of writing this paper, it is still unknown if and when the proposal will be approved. Nor, above all, it is possible to know what will be the final text of the PTD’s amendments. However, it is interesting analyse some recent judgments of the Court of Justice of the European Union interpreting Article 12 of the PTD, following the request for a preliminary ruling by more than one national court. Two cases among the other are particularly relevant for the topic of this paper: M.D. ‘Tez Tour’, C-299/22 of 29 February 202418, and GF Schauinsland-Reisen GmbH, C-546/22 of 4 October 202419. In ‘Tez Tour’ on 10 February 2020, M. D. entered into a package travel contract with Tez Tour for a holiday trip to the United Arab Emirates during the period from 1 to 8 March 2020. M. D. paid Tez Tour the amount due under the package travel contract. On 27 February 2020, M. D. informed Tez Tour that he wished to terminate the package travel contract and asked Tez 18 CJEU, 29 February 2024, M.D. ‘Tez Tour’, C-299/22. 19 CJEU 4 October 2024, GF Schauinsland-Reisen GmbH C-546/22 24 ANGELO VENCHIARUTTI
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