The Federal Court of Justice advises on the first Corona travel law case. Free press

Risk areas, entry bans, quarantine requirements: the pandemic has thwarted many people’s vacation plans. The organizer is not always favorable. Normal? It is examined by the Supreme Court.


The Federal Court of Justice (BGH) is examining the conditions under which customers could cancel a package tour free of charge when the Corona broke out. The decision is expected to be announced at 4 p.m., the judges in Karlsruhe announced after the hearing on Tuesday morning.

But that doesn’t have to be the final judgment. The Senate is also toying with the idea of ​​involving the European Court of Justice (ECJ).

This is Corona’s first travel law case to reach leading civilian judges. The plaintiff booked a trip to Japan for more than 6,000 euros with the tour operator in Munich, which was supposed to take place in April 2020.On March 1, he withdrew from the trip due to the deteriorating situation and, according to the contract, paid 25%. cancellation costs, less than 1,540 euros. In late March, a ban on entry to Japan was issued. That’s why the man wants his money back.

When will the money be refunded?

There is only a right to free cancellation if “unavoidable, extraordinary circumstances” significantly affect your trip. It is debatable whether the timing of resignation is the only relevant factor or whether subsequent events should be taken into account. So far, the courts have ruled otherwise. As chairman Klaus Bacher said, BGH judges are now also looking at the next developments. This would help the plaintiff: The Munich I District Court agreed with the organizer as there was no travel warning on March 1, 2020 and the situation could have eased.

As there are uniform rules for package tours at European level, it is unclear whether German judges can decide the case for themselves. Austrian judges submitted similar questions to the Luxembourg ECJ. The Bacher Senate is now facing a decision as to whether or not to go this path. (dpa)

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