Collective Commentary about the New Package Travel Directive

Italy The application of the package travel rules by the Italian Competition Authority Rosaria Garozzo 1 1. Introduction; 2. ICA Decisions on tourist packages; 3. The main innovations of the reform; 4. Conclusions. 1. INTRODUCTION 1.1. The Italian legislator implemented EUDirective 2015/2302 of 25November 2015 by adopting Legislative Decree n. 62 of 21 May 2018. With this intervention, it has reformed the legislation on tourist packages already contained in the Italian law. The new rules are currently available in Chapter I, of Title VI, of the Code of Tourism concerning the “ contracts of organised tourism ”. The legislator has also established that it is up to the Italian Competition Authority (ICA), of its own initiative or at the request of any person or organization that has an interest in it, to ascertain the specific violations of the rules sanctioned by article 51- septies of Legislative Decree no. 62/2018, as well as to inhibit the continuation of the same violations, making use of the instruments, including sanctions, provided by the Consumer Code. The specific apparatus of administrative sanctions established by art. 51-septies of Legislative Decree n. 62/2018 applies when the fact does not constitute a crime or constitutes an administrative offence sanctioned by other laws or an incorrect commercial practice sanctioned by ICA, on the basis of the Consumer Code. 1 Disclaimer: The author works for the Italian Competition Authority – Legal and Litigation Department. The views contained in this article are personal opinions and do not in any way commit the Institution.