The directive requires the Member States to provide in their domestic legislation for a series of measures in favour of consumers/tourists, including compensation for damage in the event of non- performance of the package travel contract; it does not, however, make it clear whether or not non- material damage caused by the ruined holiday is also to be compensated.

The question arose when an Austrian family turned to the courts in their own country to sue the company which organised the package holiday for the damage suffered during their holiday spent in a village resort in Turkey. A few days after the beginning of the holiday, Mr and Mrs Leitner's young daughter began to show symptoms of salmonella poisoning caused by the food served in the club, poisoning which continued throughout the entire stay and even afterwards, completely ruining the holiday for the whole family.

The applicants claimed that the Austrian court should not only compensate their material loss, to which they were in any event held to be entitled by that court, but also the damage consisting of a ruined holiday. The Landesgericht was uncertain as to whether such damage is capable of being compensated in accordance with the Community directive and therefore considered it necessary to refer the matter to the Court of Justice.

The Advocate General, whose Opinion is not binding on the Court, gives his Opinion today. The role of the Advocates General is to propose to the Court, completely independently, a legal solution to the case entrusted to them.

In support of an affirmative answer to the question, the Advocate General emphasises both the purpose of the directive, the objectives of which include consumer/tourist protection and the actual provisions of the directive which not only do not exclude the interpretation most favourable to tourists but even seem openly to confirm it. That interpretation is in any case borne out, in case of doubt, by the principles of interpretation of Community law as well as by the specific principle directly set forth by Article 95 of the EC Treaty, which requires the provision of a high level of consumer protection.

Furthermore, according to the Advocate General, the concept of compensation for damage arising from lost enjoyment of holidays is gaining ground in the legislation and case-law of nearly all the Member States, in keeping with a general trend towards a widening of liability for non-material damage. Finally, recognition of the damage caused by a ruined holiday is also linked to the extraordinary development of tourism and the fact that holidays are no longer the privilege of a restricted few, but are a consumer product for a growing number of people. The very fact that they have now assumed a specific socio-economic role and become so important for an individual's quality of life means that their full and effective enjoyment may represent in itself an asset worth protecting.

Unofficial document for media use only; not binding on the Court of Justice. Available in English, French, German, Italian and Spanish. For the full text of the opinion, please consult our Internet page www.curia.eu.int  at approximately 3 pm today. For further information please contact Fionnuala Connolly: Tel: (00 352) 4303 3355; Fax: (00 352) 4303 2731