Revision of EU Package Travel Directive
On 18 December 2024 the Council of the European Union adopted its position on the Package Travel Directive which governs package holidays and linked travel services.
The aim is to strengthen travellers’ rights and clarify the obligations of package operators and organisers. Changes include clarifying the definition of what constitutes a ‘package’ and leaving out the so-called ‘linked travel arrangements’ from the scope, along with enhancing flexibility for vouchers, refining cancellation rules under unavoidable and extraordinary circumstances, and enhancing insolvency protection.
This “provides the Council presidency with a mandate for negotiations with the European Parliament, which will start as soon as the Parliament has adopted its position.”
Sustainable aviation fuel mandate now in force
The UK's sustainable aviation fuel (SAF) mandate came into force on 1 January 2025. This requires that 2% of the UK’s total jet fuel demand be met by SAF in 2025, with the percentage increasing to 10% in 2030 and 22% by 2040. This move is part of the UK Government’s broader Jet Zero Strategy.
We have also identified SAF as a key update in the Aviation and Energy sections.
Pre-travel requirement to non-Europeans entering the UK
From 27 November 2024, all eligible non-European visitors can apply for an electronic travel authorisation (ETA) and now need one to travel to the UK from 8 January 2025.
Organisations should be aware that the ETA introduces an additional layer to the travel process for non-visa nationals visiting the UK.
Fraud in Ireland
Rezmuves v Birney & Ors [16.10.24]
This case shows how difficult it is to succeed in what is known as a ‘section 26 application’, i.e. an application to dismiss proceedings where it is alleged that the plaintiff knowingly gave false or misleading evidence.
The plaintiff suffered injuries in three road traffic collisions and claimed he could not work as a result. During trial, he delivered a schedule of special damages, verified on affidavit, claiming €185k for past loss of earnings and €471k for future loss of earnings. This was notwithstanding that in the five years prior to the first collision, he had no income and was receiving social welfare payments. He also claimed €94k for a spinal cord stimulator even though his own consultant neurosurgeon did not support this claim. He further claimed for loss of opportunity on the basis that he could no longer run the business he established two years prior to the first collision. The defendants claimed that the plaintiff misled his actuarial experts about the business and its prospects.
The judge refused to dismiss the proceedings because the defendants had not established to the requisite degree that the plaintiff had acted fraudulently or dishonestly.
We also discuss this case in the Fraud section.
Case heard by the Supreme Court of Ireland raises question on the scope of the mandatory motor insurance obligation
Urban and Rural Recycling Ltd & RSA v Zurich [10.10.24]
The Supreme Court held that the liability of a recycling company to an employee who suffered life-changing injuries while loading a wheelie bin onto a recycling truck was a liability that was required to be covered by the company’s compulsory motor insurance policy rather than its employer’s liability policy. The case raised issues about the scope of the mandatory motor insurance obligation, the proper interpretation of a 2009 EU Motor Insurance Directive and Ireland’s compliance with EU law in this area. Judge Murray commented: “a complete and coherent legislative overhaul of the compulsory motor insurance obligation is long overdue.”
We also discuss this case in the Motor section.