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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Denuit and Cordenier (Approximation of laws) [2005] EUECJ C-125/04 (27 January 2005) URL: https://www.bailii.org/eu/cases/EUECJ/2005/C12504.html Cite as: [2005] EUECJ C-125/4, [2005] EUECJ C-125/04, [2005] 1 CMLR 48, Case C-25/04 |
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JUDGMENT OF THE COURT (Fourth Chamber)
27 January 2005 (1)
(Questions referred for a preliminary ruling - Reference to the Court - National court or tribunal within the meaning of Article 234 EC - Arbitration panel)
In Case C-125/04,REFERENCE for a preliminary ruling under Article 234 EC from the Collège d-™arbitrage de la Commission de Litiges Voyages (Belgium), made by decision of 4 December 2003, received at the Court on 8 March 2004, in the proceedings Guy Denuit,Betty Cordenierv
Transorient - Mosaïque Voyages and Culture SA,THE COURT (Fourth Chamber),
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
-˜The prices laid down in the contract shall not be subject to revision unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated, and solely to allow for variations in: - transportation costs, including the cost of fuel, - dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports, - the exchange rates applied to the particular package.-™
-˜The price agreed in the contract shall not be subject to revision unless the contract expressly so provides and states precisely how the revised price is to be calculated, and provided that revision is consequent upon variations in:(a) the exchange rates applied to the package, and/or(b) transportation costs, including the cost of fuel, and/or(c) dues, taxes or fees chargeable for certain services. In such cases the variations mentioned shall also result in a price reduction.-™
-˜(1) Where a clause in a contract between a consumer and a [travel] organiser and/or retailer provides only for the possibility of an upward price revision and states precisely how the revised price is to be calculated, solely to allow for variations set down in an exhaustive list by Article 4(4) of Directive 90/314/EEC, must that article be interpreted as implicitly requiring downward price revision according to the same method of calculation? (2) Where a clause in a contract between a consumer and an organiser and/or retailer provides for the possibility of both upward and downward price revision without stating precisely how the revised price is to be calculated, and solely to allow for variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as invalidating the entire clause or as limiting that invalidity to upward price revision? (3) Where a clause in a contract between a consumer and an organiser and/or retailer gives only the organiser and/or retailer the possibility of revising prices upwards or downwards, stating precisely how the revised price is to be calculated, solely to allow for variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as rendering the whole clause void, or is its invalidity limited to upward price revision? (4) Where a clause in the contract between a consumer and an organiser and/or retailer gives both the travel organiser and/or retailer and the consumer the possibility of benefiting from upward and downward price revision, and states precisely how the revised price is to be calculated, solely to allow for variations set down in an exhaustive list by Article 4(4)(a) of Directive 90/314/EEC, must that article be interpreted as requiring the travel organiser and/or retailer to revise the price downwards if the consumer has not asked it to do so?-™
1 - Language of the case: French.