- Court of Justice hands down opinion on applicability of the ‘foreseeability’ defence (X v Kuoni Travel)
- What are the practical implications of this opinion?
- What was the background?
- What was the AG’s opinion?
- Case details
Personal Injury analysis: This much anticipated opinion for travel practitioners deals with the applicability of the ‘foreseeability’ defence as contained in Article 5(2) of the Package Travel Directive (implemented in the United Kingdom by the Package Travel, Package Holidays and Package Tours Regulations). The matter had been referred to the Court of Justice by the Supreme Court in 2019. Advocate General (AG) Szpunar concluded that where an accident had been caused by an employee of hotel while acting in the course of their employment, tour operators could not rely on the defence contained in the Directive that such an event could not be foreseen or forestalled. Written by Christopher Fleming, barrister at 12KBW.
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