Competition Law in Tourism

COMPETITION PROTECTION IN THE TOURISM SECTOR IN ITALY 339 2.6. The interventions of ICA on the matter are consistent with similar principles valued at the European level in the tourism sector. Moreover, it should be noted that art. 195 of the TFEU requires the European Union to support the tourism sector through the application of certain measures. In particular, support activities should promote tourism and the competitiveness of companies working in this field through the identification of objectives (such as the creation of a favourable environment for the development of tourism businesses and the cooperation between the States). The European tourism policy mainly intends to stimulate the sector’s competitiveness, considering that – in the long term – this is closely linked to the sustainability of its development model18. Furthermore, the framework for action outlined by the EuropeanCommission aims to foster the prosperity of tourism in Europe, in close collaboration with the Member States and with the leading players in the tourism industry. The four axes that form the structure of the new framework are: 1) stimulating the competitiveness of the tourism sector in Europe; 2) promoting the development of sustainable, responsible and quality tourism; 3) consolidating the image and visibility of Europe as a set of sustainable and quality destinations; and 4) maximising the potential of EU policies and financial instruments for the development of tourism19. The regional legislation 2.7. Generally speaking, the regional laws on tourism have not come into conflict with such principles at a national and EU level. In particular, the regional interventions were also in line with the EU objectives, recognising: i) the vital importance of tourism for the employment and economic development of Italy, not only in a purely national dimension, but especially in a community and international sense; ii) the strategic importance of the protection and enhancement of cultural heritage and local traditions or customs; iii) the strategic importance of the environment as an asset to be protected and the importance of developing forms of eco-sustainable tourism; 18 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Europe, the world’s No 1 tourist destination – a new political framework for tourism in Europe, COM/2010/0352. 19 Communication from the Commission to the European Parliament, the Council, the European economic and social committee and the committee of the regions for a European Strategy for more Growth and Jobs in Coastal and Maritime Tourism, COM/2014/086.

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