Отговорност за неимуществени вреди при неизпълнение на договор за организирано туристическо пътуване
Liability for Non-pecuniary Damage for Breach of Contract of Package Holiday

Summary/Abstract: The European Court of Justice (Sixth Chamber) held in the Preliminary ruling of Case C-168/00, Simone Leitner v. TUI Deutschland GmbH & Co. KG, ECR 2631 that Article 5 of the Council Directive 90/ 314/EEC on package travel, package holidays and package tours is to be interpreted as conferring on consumers the right to compensation for non-pecuniary damage (loss of enjoyment of the holiday) resulting from the non-performance or improper performance of the services comprising package holiday. The Directive 90/314/EEC has been implemented into Chapter IV, Section II of Bulgarian Tourism Act 2002 in the harmonisation process of Bulgarian legislation with that of the European Community in step with the State's application for EU membership. This contribution is aimed at analysing the legal effects which form the preliminary ruling of the Leitner Case- not only the interpretation of the provisions of Chapter IV, Section II of Bulgarian Tourism Act 2002, but also the discussion in Bulgarian contract law literature concerning the admissibility of compensation for non-pecuniary damage resulting from either the non-performance or the improper performance of contract.

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