Collective Commentary about the New Package Travel Directive

DENMARK | MARIE JULL SØRENSEN 757 DISPUTE RESOLUTION AND ENFORCEMENT The Danish Consumer Ombudsman The Consumer Ombudsman 18 is the competent authority in regard to Regulation 2006/2004 of 27 October, 2004 (CPC-Regulation) 19 . Moreover, the Consumer Ombudsman can take up cases where he believes the organiser or the retailer is acting against the requirements of good commercial practices in accordance with the Directive on Unfair Commercial Practice 20 implemented in the Danish Commercial Practice Act 21 . Package Travel Complaint Board The Danish Package Travel Complaint Board has registered itself with the EU Commission in accordance with Article 20 of the Directive on Alternative Dispute Resolution, and the board is also on the official list of alternative dispute institutions. Additionally, the board is registered on the European Online Dispute Resolution platform. The Board is private but approved by the Ministry of Commerce and Growth in accordance with Article 6 of the Danish Law on alternative dispute resolution regarding consumer complaints 22 . Its primary role is to decide cases concerning the performance of the package travel contract. CONCLUSION The new Directive did not give rise to any big controversy in Denmark in terms of its content.However, aswithmost EU-legislation entailing total harmonisation, different political views were triggered, as it interferes with Member State 18 The Danish Consumer Ombudsman is a public funded (however independent) institution. At present the Consumer Ombudsman is Christina Toftegaard Nielsen). The Consumer Ombudsman supervises businesses’ compliance with consumer protection legislation. He negotiates with businesses regarding general guidelines and in specific cases. In case of non-compliance, he has remedies such as injunctions, fines and he/she has the authority to go to court on behalf of himself or on behalf of a consumer. 19 The authority is given through Act no. 1249 of 25 November 2014. From 17 January 2020 the CPC Regulation is Regulation (EU) 2017/2394 of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. 20 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. 21 Commercial Practice Act no 426 of 3 May 2017. 22 Consumer Complaint Act no 524 of 29 April 2015.