the Council of State dismisses two associations


The Council of State rejected the appeal of the consumer defense associations UFC Que Choisir and CLCV against the order authorizing tour operators to offer a credit, and not a refund, to customers whose stay was canceled due to the pandemic coronavirus.

Seized in summary proceedings on July 7, the judge estimated “without it being necessary to examine the existence of a serious doubt as to the legality” of this ordinance, that the “emergency condition” was not “fulfilled”, and as a result, rejected the two associations, in an order dated July 17, made public Monday.Indeed the associations have not brought “no precise information on the seriousness of the consequences that this device would entail for the consumers whose interests they defend”: the urgency not being established, there is therefore no need to suspend the order.

And a possible “ignorance” of European Union law relating to “package travel and related travel arrangements” would not constitute an emergency either, said the judge.

These measures were taken to safeguard the cash flow of service providers, in a context where more than 7,100 travel and accommodation operators registered in France, faced with an unprecedented volume of cancellations and almost zero order intake. , were in great difficulty.

Board of state

In addition, “the terms of the system adopted were defined after discussions with the services of the European Commission, the main professional organizations and consumer associations”, he emphasizes.

Since March 25, an order taken by the government allows tour operators and travel agencies to offer customers whose stay cannot be carried out because of the Covid-19, a voucher or a credit note valid for 18 months to preserve their cash flow.

And this, while the law usually requires a refund in cash. This credit will be refundable in cash after 18 months if it has not been used.

In early July, Brussels launched an infringement procedure against ten European Union countries, including France, to defend the right of travelers to be reimbursed in the event of cancellation of their stays due to the coronavirus. .

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