Collective Commentary about the New Package Travel Directive

200 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE of information or organisational assistance, but does not include services as accommodation. It is, again, the decision of the CJEU to provide the correct interpretation. 6. CONCLUSIONS The analysis of the use of only one term in four articles of the PTD 2015 revealed a significant number of legislative shortcomings, simply because the legislator has ignored the importance of a single proper definition and the use of consistent terminology. However, as evidenced in this chapter, these are certainly not the only shortcomings of the new legislation. The European legislator thus has clearly failed to replace an existing legislation with a better one, at least in terms of legislative technique. In spite of the obvious shortcomings of the PTD 2015, it is highly unlikely that the legislative bodies of the EU will “burn” it in order to draft a better one, even though some Member States have already called for such revision. Due to the principle of full harmonisation laid down in Article 4, Member States can only improve very little when implementing the PTD 2015 into their national law. Therefore, it will be on the CJEU to provide practicable solutions for the issues which the legislator has ‘bodged’. The legal reconditioning of the Coronavirus crisis may provide the respective opportunities.

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