Committeri v Club Méditerranée SA (t/a Club Med Business) [2018] EWCA Civ 1889 (09 August 2018)

Committeri v Club Méditerranée SA (t/a Club Med Business) [2018] EWCA Civ 1889 (09 August 2018)

The claim under Article L211-16 of the French Code de Tourisme is properly characterised as contractual in nature for the purposes of Rome I, as it is based on obligations arising from a contract freely entered into between the parties. The contract is indispensable to the claim, and the strict liability imposed by the Code is an enhancement of the contractual obligation, not a separate non-contractual right. Therefore, Rome I applies, and the English law choice of law clause governs, resulting in the claim failing.

Citation
[2018] EWCA Civ 1889
Parties
Appellant/claimant: Mr Cristiano Committeri; 1st Respondent/1st Defendant: Club Méditerranée SA (T/A Club Med Business); 2nd Respondent/3rd Defendant: Generali Assurances IARD SA
Jurisdiction
England and Wales
Judgment Date
09 August 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Rome I Regulation, Rome II Regulation, Package Travel Directive, Choice of Law, Strict Liability, Contractual Vs Non Contractual Obligations
Private International Law Contract Law Tort Law European Law Rome I Regulation Rome II Regulation Package Travel Directive Choice of Law +2 more

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Parties

Mr Cristiano Committeri

Appellant/claimant

Club Méditerranée SA (T/A Club Med Business)

1st Respondent/1st Defendant

Generali Assurances IARD SA

2nd Respondent/3rd Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the pleaded strict liability claim under Article L211-16 of the French Code de Tourisme is contractual or non-contractual for the purposes of Rome I and Rome II Regulations
  2. 2 Whether French law characterises the claim as contractual or non-contractual

Ratio Decidendi

The claim under Article L211-16 of the French Code de Tourisme is properly characterised as contractual in nature for the purposes of Rome I, as it is based on obligations arising from a contract freely entered into between the parties. The contract is indispensable to the claim, and the strict liability imposed by the Code is an enhancement of the contractual obligation, not a separate non-contractual right. Therefore, Rome I applies, and the English law choice of law clause governs, resulting in the claim failing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.