Collective Commentary about the New Package Travel Directive

946 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE practice” sanctioned by the Consumer Code 127 or if the sanctioning tools provided by the Consumer Code are highlighted (art 51- septies , par. 1, of the Tourism Code). In short, the decree implementing Directive (EU) 2015/2302 provided for: the classification of unlawful behaviours expressly referable to the violation of the regulations concerning package travels; the determination of the minimum and maximum amount of administrative pecuniary sanctions established according to the violations; referral to the Consumer Code for what was not otherwise provided; a salvation clause so as to avoid the concurrence of offences and thus, in particular, the prevalence of the special sanctioning system on particular types of crime and administrative and conduct offences already sanctioned by the Consumer Code considered as unfair commercial practices. Furthermore, with regard to the edictal limits established for administrative violations, the implementing decree has the merit of applying a well-defined sanction, with regard to the minimum and maximum limit, to specific prohibited conduct and establishing appropriately differentiated sanctioning levels to equally well-defined violations 128 . The provisions in question essentially represent the regulations for the closure of the system and the tool used to complete the regime of safeguarding the position of the traveller who turns to a professional, an organiser or a retailer for the conclusion of a package travel contract. Art. 51- octies of theTourismCode attributes the function of public enforcement to the Antitrust Authority, in line with what the Antitrust Authority already exercises in various areas – particularly in matters of unfair commercial practices, according to art. 20 and following articles and, in particular, art. 27 of the Consumer Code – following the same pattern adopted for attributing new competences in the transposition of other community directives based on the 127 Considering the combined provisions of articles 51- septies and 51- octies of the Tourism Code: a) if the conduct constitutes an improper commercial practice, only the Consumer Code will be applied (under the clause of reserve of art. 51- septies , par. 1); b) if the conduct constitutes a violation of one of the provisions of the transposition Decree, other than an improper commercial practice, the administrative pecuniary sanctions provided for by the Tourism Code will be applied; c) if it concerns the punishment of all the violations of the rules provided for in the Decree, even if these are not subsumable in the case of improper commercial practices identified in art. 20 and followings of the Consumer Code, or in one of those regulated by art. 51- septies of the Tourism Code the sanctioning regime of the Consumer Code will again be applied, where applicable, by virtue of the reference made by art. 51- octies of the Tourism Code to the instruments, including sanctions, provided for by the Consumer Code. 128 For comparative purposes only, see the provision of art. 27, par. 9, of the Consumer Code, which provides a particularly wide range with reference to the generality of the cases, with the possibility of imposing sanctions which, in the basic hypothesis, range from a minimum of 5,000 to a maximum of 5,000,000 euros, to be commensurate taking into account the seriousness and duration of the violation.