ZAŠTITA TURISTE KAO POTROŠAČA U PRAKSI EVROPSKOG SUDA PRAVDE

Abstract

The first special program for protection of the consumers at the level of European Union (then EEU) was brought in 1975 which made the foundation for more increasing numbar of regulations in the area of protection of consumers. At the moment there are about 90 directives covering this matter. One of them was the Directive of package travels, package holidays and package tours from 1990. However, the market of travelling services has undergone changes, especially because of the fact that with the increasing number of the internet users, the travelling services are more often bought on the internt and because also some new combinations of travelling services were introduced. More and more tavellers pay diferent parts of thein travel separately or they pay for more swited travels which combine one or more related tourist agencies according to the needs and preferences of the travellers. In this new market environment the Directive 90/314 did not anymore satisfy the needs of the consumers (tourists) efficiently, so that in 2015 a new Directive was adopted, the Directive on package travel and linked travel arrangements. Until now, before the European Court of Justice there were a number of cases submitted by the requirements of national courts for interpretation of individual provisions of the Directive, and particularly related to the issues of travelers rights and responisibities of the organizers of the travels due to travel not been performed, inappropriate performance of the travel, damage suffered by the travellers during the travel and others. Some of these cases are the subject of this paper.