Collective Commentary about the New Package Travel Directive

740 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Moving to enforcement, the short (standard) provisions of the Directive on enforcement and penalties, namely Article 24 and Article 25 respectively, have been implemented through extensive (or detailed) provisions, which can be considered adequate. More specifically, Article 25 of the Law empowers the Authorized Service to examine possible violations of the Law in its own initiative or following a complaint submitted to it not later than two (2) years from contract conclusion. Article 25 also confers on the Authorized Service extensive powers of search and inspection, while Article 26 criminalizes the failure to co-operate with the Service, thereby hindering its investigations or tasks. Apart from criminal sanctions, such behavior can also result in administrative fines imposed on the non-cooperating trader or other person. When the Authorized Service decides that there has been a violation of the Law, it can, by virtue of Article 27 of the Law, take a variety of measures. These include ordering the ceasing of the breach, imposing deterring administrative fines equivalent to up to 5% of the financial turnover of the person in breach or up to 250,000 euros (the latter being specified as an absolute maximum) and applying to the court for an injunction. The latter is exemplified in Article 29 of the Law, which can guide both the Service, as the applicant and the court to be hearing such applications. Any decision of the Authorized Service can be challenged through an application to the Minister in accordance with Article 28 of the Law or an application for judicial review to the administrative courts by virtue of Article 146 of the Cyprus Constitution. The right to apply to the court is additionally recognized to travellers, organizations serving collective consumer interests and competitors by Article 32 of the Law. A further noteworthy aspect of the provisions on enforcement and penalties is that natural persons, such as officers of a legal person found in breach of the Law can also be (personally) liable if they have consented to or in any way, contributed to the breach 9 . 3.3. The choices of the Cypriot legislator It is also interesting to see how Cyprus has responded toward the various options allowed to Member States by the Directive. One such option is contained in Article 13 of the Directive. That would obviously increase the level of consumer protection, however the Cypriot legislator has not exercised the relevant option. Thus, according to Article 12 of the Law, only the organiser (and not the retailer 9 Article 34 of the Law.