244 COMPETITION LAW IN TOURISM guarantee in an acquired asset, for example – and the effect of consumer interest as a collective element. It is not possible to understand that the absence of an affectation prevents assessing the collective aspect that normally refers to situations of risk and not definitively harmful. Thus, what the rule under study aims to regulate is that even in cases of violations that concern the individual interest of a specific consumer, any other consumer can initiate the opening of an administrative procedure, in consideration of the indicated collective aspect. It is clear that it is an open possibility that in those cases in which the community as a whole is affected, any of its members can promote the opening of the corresponding procedure, without this situation becoming a reason to argue the inadmissibility of the complaint. The above would imply the assessment of the consultedmatter, namely, whether there should be a demonstrated configuration of a specific damage in order to proceed with the opening of an administrative procedure. It should be noted that the figure of the aggrieved is directly related to that of a determinable damage. 5. REGARDING THE NECESSARY EXISTENCE OF A SPECIFIC DAMAGE TO PRESENT THE COMPLAINT As stated above, the consultation implies not only formal aspects related to the possibility of opening an administrative procedure in ex officio manner, but also aspects related to whether the sanctioning power of the National Consumer Commission can be exercised, even in the absence of a grievant duly identified and is directly and causally related to the facts reported. In this regard, if we revisit the above-mentioned argument, it must be considered that within the rights recognized to the consumer by article 46 of the Constitution and Article 29 of Law 7472, the ones that must be protected by the Commission exercising its power of administrative sanction, are the following: – Protection against risks that affect their health, safety and the environment; – Protection of economic interests; – Access to accurate and timely information in the course of consumer relationships, and – Education in relation to consumption.
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