14th May 2020 | Articles

Daniel Black explores the EU Commission recommends vouchers, not reimbursement, for package travel and transport services cancelled by the carrier or organiser due to the pandemic in “We’re All Going on a Covid Holiday?”.


What’s in a Recommendation?

What does the European Commission mean to change by yesterday’s Recommendation (13 May 2020) that vouchers should be offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services,made as from 1March 2020 for COVID reasons?

In a word: culture.

While a Recommendation may have a limited interpretive influence upon domestic laws (Grimaldi v Fonds des Maladies Professionnelles(Case C322/88) [1989] ECR 4407) it hardly needs statingthat the instrument’s very name betrays its lack of power. Yet,as we have seen from HM Government’s own Guidance published throughout the COVID19 pandemic, the normative force of government suggestions maynevertheless be pronounced.….


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