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On the compatibility of "Lex Voucher" with EU Law

Publication at Faculty of Law |
2020

Abstract

The article analyses the compatibility of so called "Lex Voucher" with EU Directive on package travel. While the Directive lays down in art. 12/4 that in case of termination of the package travel contract due to unavoidable and extraordinary circumstances, the organizer of the travel shall make within 14 days full refund of any payments made by the traveller for the package, Lex Voucher in a reaction to corona virus pandemic enables under certain conditions to issue voucher for future package travel and to postpone this refund for up to more than a year.

However despite this, Lex Voucher can be considered as compatible with the Directive, because systematic and teleological interpretation enable in the situation of corona virus pandemic teleological reduction of the Directive and thus certain deviation from the literal interpretation of art. 12/4 of the Directive.