*X v Kuoni Travel Ltd

Contract – Holiday. The appellant's appeal against the respondent tour operator for damages in circumstances where she had been raped and assaulted by a hotel employee while on holiday in Sri Lanka, following a contract for a package holiday with the respondent, was referred by the Supreme Court to the Court of Justice of the European Union for determination of certain questions in order to determine the appeal. The Supreme Court sought an answer on, among other things, whether in the circumstances of the case, where there had been a failure to perform or an improper performance of the obligations arising under the contract of an organiser or retailer with a consumer to provide a package holiday to which Council Directive (EEC) 90/314 applied: (i) there was scope for the application of the defence set out in the second part of the third alinea to art 5(2) of that directive, and if so, (ii) by which criteria the national court was to assess whether that defence applied.

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