VI. THE INTERPRETATION OF THE COURT OF PLATEAU DE KIRCHBERG In brief, here the rules of the decision Court of plateau de Kirchberg. A first aspect relates to the relevance of official warning of the authorities of the State of departure and/or arrival to refrain from unnecessary travel and/or classification of the country of destination as belonging to a risk area. On this point, the Court’s interpretations substantially converge with the solutions contained in the Commission’s proposal: official travel warnings issued by authorities or serious restrictions covering the travel destination or after returning from there are important elements in assessing whether unavoidable and extraordinary circumstances have arisen and significantly affect the performance of a package. However, the finding of the occurrence of ‘unavoidable and extraordinary circumstances’ cannot be made subject to the condition that the competent authorities have issued an official recommendation advising travellers against travelling to the area concerned or an official decision classifying that area as a ‘risk area’24. In addition, the organiser can rely on the publication, by the competent authorities, of an official recommendation advising travellers against travelling to the area concerned, even though the traveller declared that he or she still wished to proceed with the trip and that it would not have been objectively impossible for the organiser to perform that travel contract25. Anticipating then the new wording of Article 12(2) of the proposal for amending Directive 2015/2302, ECJ ruled that effects occurring at the place of departure and at the various places connected with the start and return of the trip in question might be relevant where they affect the performance of the contract. This is in order to determine whether unavoidable and extraordinary circumstances significantly affect the performance of the package or the carriage of passengers26. Furthermore, always for the Court the concept of ‘unavoidable and extraordinary circumstances (…) that significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination’, covers not only circumstances which make it impossible to perform that package. It covers also circumstances which - without preventing such performance - imply that the package cannot take place without exposing the travellers concerned 24 CJEU 29 February 2024, C-299/22, § 44 ff. 25 CJEU 4 October 2024, C-546/22, § 57 ff. 26 CJEU 29 February 2024, C-299/22, § 95. 27 TERMINATION OF THE PACKAGE TRAVEL CONTRACT DUE TO UNAVOIDABLE
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