Collective Commentary about the New Package Travel Directive

SPAIN | GEA GÓMEZ-PABLOS PINTO 1189 a transparent market, in which there is equal access to operators, the possibilities for consumers to have the best offer multiply. In a context in which travel contracts are increasing thanks to electronic platforms hosted on the Internet, it is necessary to regulate them adequately in order for such balance to actually take place. This commentary analyses the complex and varied legal framework as well of the background of package travel in our country. Then it focuses on the observations made on the CNMC’s report on the transposition draft to later examine to what extent the recommendations of the Authority were adopted after the entry into force of the Consumer Protection Act. Finally, it concludes with the description of the current situation, awaiting for a further regulation by the regions, given the framework of the Spanish political organization. II. LEGAL FRAMEWORK The Spanish regulations on package travel have traditionally brought about the regulatory requirements of the European Union. Thus, the Spanish Act on package travel (Ley 21/1995, de 6 de julio), regulated the subject for the first time in Spain and constituted the transposition to the Spanish legal system of the Directive 90/314/EEC of 13 June 1990, on package travel, package holidays and package tours. In 2007, with the Regulation (EC) N.º 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection legislation, an amendment was made to Law 21/1995. On this occasion, the Spanish Consumers Guarantees Act was consolidated and the content of the previous 1995 law was incorporated into it, making some changes. As of that moment, the special law was repealed. At the same time, all the content of package travel was integrated into consumer protection regulations. Hence, since 2007, the regulations on package travel in Spain have been included in the Royal Legislative Decree 1/2007, the Spanish Consumers Guarantees Act and other complementary acts. This incorporation also included, as already said, the provisions contained in the new regulation of 2006. Subsequently, the contents of the Directive 2011/83 /EU of the European Parliament and of the Council, on the rights of consumers, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council would be added as well.