Lights and Shadows of the Tez Tour Decision: A Step Forward in Consumer/Traveller Protection Amid New Uncertainties

Abstract

The decision of the European Court of Justice in M D v Tez Tour UAB addresses four different questions and provides further insight into the concept of ‘unavoidable and extraordinary circumstances’ under Article 12(2) of Directive (EU) 2015/2302. This judgment certainly strengthens the protection of consumer travellers by extending the scope of the provision. However, as this contribution highlights, the decision also introduces several elements of uncertainty that are likely to cascade into domestic litigation and generate lively debate among academics. The most critical issue is undoubtedly the relationship between the average and the vulnerable consumer/traveller.