Collective Commentary about the New Package Travel Directive

SLOVENIA | MATIJA DAMJAN AND KARMEN LUTMAN 1171 mainly operate at the terminological level. This view is also supported by the principle of consistent interpretation which requires the national courts to interpret the national law in the light of the Directive. 5. CONCLUSION Our analysis did not identify any major substantive discrepancies between the provisions of the Directive and the provisions transposing its rules into the Slovenian law. The principle of maximum harmonisation introduces a very standardised set of package travel rules and leaves little room for Member States to develop any distinctive features in their national legislation, apart from the few provisions of the Directive where such additional rules are expressly foreseen. The new rules of the Consumer Protection Act implementing the Directive increase the level of protection for travellers in relation to package travel, since the previously applicable rules did not exceed the level of protection granted in the Directive 90/314/EEC and other relevant consumer protection directives. A notable novelty is the widened scope of the new rules so that they do not cover only classic consumers but also apply to business travel unless when purchased on the basis of a general agreement. The new rules on insolvency protection will also contribute to a more effective protection of traveller’s rights.

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