246 COMPETITION LAW IN TOURISM It is typical of the Administrative Sanctioning Law, especially in the case of Consumer Law because of the nature of the legal relationship being regulated, that the breach of the duties imposed on the producer or merchant are automatically configured as infractions likely to be sanctioned, regardless of the existence or not of a specific damage, which, if proven, would involve the configuration of the respective civil responsibility of the offender. The references made in Articles 32 and 54, in the last paragraph of Law 7472, in terms of the concept of damage must be interpreted based on the reasoning stated by the aforementioned doctrine, that is, discriminating between administrative responsibility, which is configured with the simple violation of some of the obligations foreseen by Article 31 of the Law, and the civil or pecuniary liability that will be derived from the moment in which the offender generates, in addition to the risk, a specific damage to the recipient of their neglect. A systematic reading of the regulations leads to this conclusion, otherwise the following should be questioned: for example, if one of the rights of the consumer is protection against risks that affect their health, safety and the environment: should the Consumer Commission wait for the risk to degenerate into harm to sanction the risky activity? Under the aforementioned doctrine, it is clear that this is not the case, given the preventive nature of the administrative sanctioning activity, as well as the collective and/or diffuse nature of the interests of the consumers that are protected. The configuration of the damage allows the aggravation of the administrative penalty, according to the last paragraph of Article 54, as well as the enforceability of a pecuniary or civil joint liability, according to No. 53, which should not be interpreted as an inhibition to the imposition of the corresponding administrative responsibility in the terms provided by the Law under study, when the damage has not been configured.
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