Committeri v Club Méditerranée SA (t/a Club Med Business)

Committeri v Club Méditerranée SA (t/a Club Med Business)

The pleaded strict liability claim under Article L211-16 of the French Code de Tourisme is contractual in nature because it is based on obligations arising from the contract between BNP and Club Med, and the contract is indispensable to the claim. Therefore, Rome I applies, and the English law choice of law clause governs, resulting in the claim failing.

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 / Judgment
Outcome
Appeal dismissed
Legal Topics
Rome I Regulation, Rome II Regulation, Package Travel Directive, Strict Liability, Choice of Law
Conflict of Laws Contract Law European Law Rome I Regulation Rome II Regulation Package Travel Directive Strict Liability Choice of Law

Case Brief

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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 / 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
  2. 2 Whether English or French law applies to the claim

Ratio Decidendi

The pleaded strict liability claim under Article L211-16 of the French Code de Tourisme is contractual in nature because it is based on obligations arising from the contract between BNP and Club Med, and the contract is indispensable to the claim. 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.