Collective Commentary about the New Package Travel Directive

LUXEMBOURG | VALÉRIE AUGROS 1023 operators (such as Thomas Cook) were recently made bankrupt causing great difficulties to many travellers. Moreover, recent European case law invites to seek the liability of the Member State in case of failure to ensure that security is effectively in place in the interests of the travellers 26 . The Commerce Chamber added that in practice, such provisions on security might, nevertheless, cause some obstacles to find an appropriate guarantor for a reasonable price, in particular to small tourism undertakings that occasionally facilitate linked travel arrangements 27 . It was advised to create a national guarantee fund to enable such enterprises to find adapted security to offer to their customers. Yet, upon its adoption, the Law of 25 April 2018 did not establish a national guarantee fund. Such obligations are also applicable to organisers who are not established in a Member State of the European Union and who are selling, or offering for sale, travel packages in the Grand-Duchy or directing their activities to the Grand-Duchy. 26 ECJ, 10 July 2019, case No C-163/18, HQ e.a. v. Aegean Airlines SA; note on this decision in JurisTourisme n°226, Jan. 2020, p. 44. 27 Op. Cit. note 3.