Collective Commentary about the New Package Travel Directive

528 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE which, in any event, make the penalty effective, proportionate and dissuasive.” 6 It also follows from the CJEU case law that the measures may even include criminal penalties where Union legislation only provides for civil ones 7 . In recent EU legislation a clear distinction has been drawn between the right to effective legal protection on the one hand and penalties on the other 8 . For instance, the Anti-Discrimination Directive 9 requires from Member States to establish adequate judicial and/or administrative procedures for the enforcement of the obligations under the directive, including individual compensatory claims and collective redress mechanisms, which is considered as a notion of the right to effective legal protection 10 . Furthermore, it imposes an obligation on Member States to establish adequate system of penalties to address infringements of national provisions transposing theAnti-discrimination directive 11 . Therefore it seems that by conferring an individual the right to compensation, Member States do not yet fulfil their obligation to provide for penalties. However, despite the clear distinction between legal protection and penalties, it should be noted that penalties may also comprise obligation to pay compensation to a victim 12 . Beside the Package Travel Directive, the requirement to provide for effective, proportionate and dissuasive penalties has been established in several other EU directives in the field of consumer protection, such as the Price Indication Directive 13 , Unfair Commercial Practices Directive 14 , Directive on 6 See Case C-326/88 Hansen [1990], para 17; Case C-167/01 Inspire Art [2003], para 62; Case C-230/01 Penycoed [2004], para 36; Joined cases C-387/02, C-391/02 and C-403/02 Berlusconi et al.  2005  , para 65. 7 Case C-186/98 Nunes  1999  , para 14. See also: M. Klamert in: M. Kellerbauer, M. Klamert, J. Tomkin (eds.), The EU Treaties and the Charter of Fundamental Rights, Oxford University Press, 2019, Art. 4, p. 47, para. 75. 8 See also: H. W. Micklitz, P. Rott: Verbraucherschutz in: M. Dauses (ed.), Handbuch des Europäischen Wirtschaftsrechts, C. H. Beck, Munich, 2019, para 711. 9 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services. 10 Art. 8 of the Anti-discrimination directive. 11 Art. 14 of the Anti-discrimination directive. 12 See e.g. Art. 14 of the Anti-discrimination directive. 13 Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers, Art. 8. 14 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, Art. 13.