Collective Commentary about the New Package Travel Directive

ITALY | ROSARIA GAROZZO 959 avoiding a conflict between the special legislation mentioned above and the general legislation on unfair commercial practices – the single violations of the rules mentioned above could be absorbed in the assessment of the overall conduct of the professional, in accordance with the interpretation accepted by the ICA also in relation to other sectors 13 . 4.3. Reference should be made to the principle, already established by national case law, that compliance with sectoral legislation does not exhaust the duty of care incumbent on the trader. The trader must, in any event, put in place those additional behaviors that derive from the application of the more general obligation of informative completeness established by the Consumer Code, as the principle of good faith on which all consumer protection rules are based 14 . 4.4. In more general terms, it should also be recalled that a conflict between rules within the meaning of article 3, paragraph 4 of Directive 2005/29/EC, as the Court of Justice has recently confirmed, only applies where other provisions regulate specific aspects of unfair commercial practices that “ impose obligations on traders without any room for manoeuvre incompatible with those laid down in Directive ” 15 . 4.5. The rules of the Consumer Code are therefore complementary to the specific rules on package travel, therefore ICA may assess the commercial practice also in the light of the general criteria for consumer protection. 13 See ICA decision 30 gennaio 2019- PS 11095- Domina , ICA decision 8 novembre 2017- PS10731- Inarredo . 14 See Consiglio di Stato Judgment, 30 september 2016, n. 2016; Tar Lazio Judgment, 3 january 2017, n. 62 15 CG Judgment of 13 September 2018, n. 54.