Collective Commentary about the New Package Travel Directive

536 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE specific sanctions imposed 55 . Nevertheless, Art. 25 should not be interpreted as mandating Member States to institute such proceedings. On the contrary, in case C-189/07 discussed above, the CJEU found Spain in violation of the dissuasiveness requirement particularly due to the time elapsed between the date of control and the initiating of the sanctioning procedure as well as between the date of control and the date at which an administrative decision has been taken. What might be more relevant for enhancing the deterrent effect of penalties is the publicity of the proceedings and particularly of the decisions imposing penalties. The potential harm to their reputation due to negative publicity may encourage firms to comply with if their costs of compliance exceed the expected penalty 56 . 55 Ibidem, p. 12. 56 Cf. M. G. Faure, Effective, Proportional and Dissuasive Penalties in the Implementation of the Environmental Crime and Ship-source Pollution Directives: Questions and Challenges, European Energy and Environmental Law Review, December 2010, p. 262.