Collective Commentary about the New Package Travel Directive

780 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The security provided by a travel undertaking shall be sufficient for the performance of the obligations, at any time of the performance (§ 15 1 (5) TA). A document proving the existence of security shall be sent to the Consumer Protection and Technical Regulatory Authority promptly after the issue of security (§ 15 1 (10) TA). Use of security is regulated in § 15 3 of the TA. Here the Estonian legislator used its right to provide system which guarantees protection of rights of the traveller on the level provided for in the Directive. The use of security shall be decided by the Consumer Protection and Technical Regulatory Authority. One the most important guarantees of protection of traveller’s rights in the case of bankruptcy proceedings is unlimited right of the Consumer Protection and Technical Regulatory Authority in using of security provided in the § 15 3 (3) of the TA. It does mean that bankruptcy officer has no rights to use any security which has been issued specifically in the purpose to secure obligations derived under the travel package contract. The contact point referred to in Article 18(2) of Directive is the Consumer Protection and Technical Regulatory Authority. 4. ASSESSMENT OF THE CORRECTNESS OF THE IMPLEMENTATION The Directive has transposed into Estonian law using in most cases the technique of ‘copy out’ which does mean merely reproducing the wording of the Directive. Taking into account the chosen technique used in the course of transposition of the Directive, the implementation seems to be correct. However, concerning the provisions where an overlap exists between existing national law and the new Directive, general legal context were taken into account, if it was adequate for the purpose provided that it does indeed guarantees the full application of the directive in a sufficiently clear and precise manner 50 . For example the Art. 3(4) of the Directive providing the start of the package which can be derived from the general rules on contracts and specific rules on package travel contracts. Also, some concepts were not defined specifically for travel package contracts because they were already defined in a way that is consistent with the definition given in the Directive. For example, definitions of 50 See more about the ECJ on transposition techniques of Directives into national legal system in P. Giliker. The transposition of the Consumer Rights Directive into UK law: Implementing a maximum harmonisation directive. November 12, 2014, pp. 5-7. Available at SSRN: https://ssrn.com/abstract= 2523330 (2.08.2019).