Collective Commentary about the New Package Travel Directive

ARTICLE 25 | F. JAVIER MELGOSA ARCOS 519 The most recent standards, such as the Valencian one (art. 102) on enforcement and coercive fine, refers to Chapter VII of Title IV of Law 39/2015 adding that coercive fines will be independent from the sanctions and compatible with them and adding that the sanctioning bodies may impose them after warning to the interested persons, up to a maximum of ten successive times, with a minimum monthly frequency and for a maximum amount of up to 500 € for the first and up to 1,000 € for the second and successive. Concerning de decision to initiate proceedings, the Aragonese rule states that “ sanctioning proceeding shall be initiated by agreement of the corresponding body of the county or by the director of the competent provincial service in terms of tourism, as appropriate, by virtue of any of the following acts: a) The private complaint, including that made in claim forms. b) The minutes done by the tourist inspectors. c) The communication of the alleged infringement formulated by the collaborating authority or administrative body that may be aware of it. d) The initiative of the competent bodies in terms of tourism”. Regarding provisional measures, Law 39/2015 of 1 October 2015, contemplates them in article 56: “ 1. Once the procedure has initiated, the administrative body competent to decide may adopt on a reasoned basis, ex officio or at the request of a party, the provisional measures it deems appropriate to ensure the effectiveness of the resolution that may fall, if there were sufficient evidence to do so. In accordance with the principles of proportionality, effectiveness and lower onerousness ”. Under the terms provided by law 1/2000 of 7 January 2000 on Civil Procedure, the following provisional measures may be agreed: a) Temporary suspension of activities, b) provision of bonds, c) removal or intervention of productive assets or temporary suspension of services for healthy, hygiene or safety reasons, the temporary closure of the establishment for these or other reasons provided for in the applicable regulations, d) preventive seizure of goods, rents and computable fungible things in cash applying real prices, e) deposit, retention or immobilization of movable, f ) intervention and deposit of income earned through an activity considered illicit and whose ban or cessation is intended to, g) appropriation or constitution of deposit of amounts that are claimed, h) retention of payments on account payable by public administrations, i) other measures which, for the protection of the rights of interested parties, are expressly provided for in laws, or that are deem necessary to ensure the effectiveness of the resolution.