Collective Commentary about the New Package Travel Directive

512 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 2 July on voluntary jurisdiction ; and now by RLD 23/2018 of 21 December on transposition of the Directives in the matter of trademarks, rail transport, package travel and travel related services . Title IV is entitled “On the Limitation of Claims and Sanctioning Regime” and dedicates Article 169 to the limitation of claims, establishing a maximum term of two years; and Article 170, to the sanctioning regime, stating that “ The regime of infractions and sanctions provided in the first book, Title IV, Chapter II is not applicable to the provisions of this book, instead, is applied the regime of infractions and sanctions provided for in the specific legislation on the matter issued by public administrations competent in the field of tourism or by those that in each case have competence attributed to it according to the subject. The penalties shall be effective, proportional and dissuasive” . Therefore, firstly it excludes chapter II (infractions and sanctions) of Title IV (sanctioning authority) that collects the infringements in the matter of defense of consumers and users, the adjustment of the offences, the sanctions (including the accessory ones); but it does not exclude Chapter I (general provisions) in which the general principles are regulated (art. 46): 1. The competent Public Administrations, in the use of their sanctioning power, shall sanction the conducts typified as infringement with regard to ensure the protection of consumers and users, without prejudice to the civil, criminal or any other responsibilities that may arise. 2. The criminal investigation before the Courts of Justice shall suspend the sanctioning administrative proceedings that would have been initiated for the same facts... there may not be, in any circumstances, a double sanction for the same facts and in function of the same protected public interests... Regarding the competent administration, article 47 provides that the Spanish administrations that are competent in each case may sanction the infringements in defense of consumers and users committed in Spanish territory, whatever the nationality, place of residence or place where the commercial establishments of the person in charge. Section 2 states that the infringements will be understood as committed in any of the places in which the actions or omissions constituting them are developed and in all the places where the injury or risk to the interests of consumers and users protected by the sanctioning regulation is manifested, except for infringements regarding the requirements of the establishments, facilities or staff. The foundation of the tourist sanctioning power has its starting point in the first sector regulations. Faced with the phenomenon of a decreasing public touristic offer, the need to monitor and control externally the private tourism company was highlighted. From the moment in which the regulations reflect