The EU Advocate General takes the view that tour operators can be held liable for rape committed by hotel staff. A corresponding case is currently being negotiated before the ECJ under the reference number C ‑ 578/19.

The applicant is a British woman who was on a package tour in Sri Lanka. There she was raped by the hotel electrician. Back in the UK, she filed a lawsuit against the tour operator. The British Supreme Court referred the case to the European Court of Justice for decision.

Advocate General Maciej Szpunar made his final statement on Tuesday afternoon and took the legal view that tour operators are liable for rape committed by hotel staff. Here the lawyer also points out that it can be assumed that if a hotel employee is on duty and even wears a uniform, it can be assumed that the obligations from the package travel contract will be met. Regarding the rape: The Advocate General said that it was not an event that “despite all due care, could not have been foreseen or prevented”. In other words: the tour operator should be liable for the sexual assault and be liable for damages.

The judges of the ECJ often follow the request of the Advocate General, but are completely free and independent in their judgment. The European Supreme Court has not yet announced a date for the pronouncement of the judgment.