Collective Commentary about the New Package Travel Directive

360 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE In my understanding, the new liability rules bring a definite abandonment of fault based liability although some member states (including Austria) still seem to regard fault as a fundamental requirement of liability. The concept of “ unavoidable and extraordinary circumstances ” because of the definition of this term as provided in the Directive will raise many doubts and questions which could have been avoided if the European legislator had chosen a definition in compliance with CJEU case law in air passenger rights judgements. Anyway, due to the full harmonisation principle, we will see an approximation of the legal practice in travel law in the various Member States which can lead to more comparable judgements. Last but not least, the CJEU certainly will have plenty of occasions for clarification of the correct interpretation of the liability rules as national courts will lodge references for preliminary ruling.