Abstract

The commented Supreme Court resolution of 19 November 2011 (III CZP 79/10) constitutes a precedent verdict in national law as regards contractual liability for a non-material damage caused by non-performance or improper performance of a tourist service agreement by a tour operator resulting in personal injury in the form of so-called spoiled holidays. Such a broad liability of tour operators, constituting an exception from the rule that contractual liability involves redressing of only a material damage, arises from the pro-EU interpretation of Art. 11a of the Tourist Service Act of 29 August 1997, which implements the provisions of Directive No. 90/314/EEC of 13 June 1990 to the Polish legal system. In accordance with the case law of the European Court of Justice, according to which the provisions of the Directive concerning liability of tour operators also include the obligation to redress a non-material damage, the Supreme Court mitigated the consequences of incomplete implementation of Directive 90/314 by the Polish legislator.