Competition Law in Tourism

356 COMPETITION LAW IN TOURISM and non-profit organisations, as well as local authorities3, besides actively cooperating at an international level4. 2. OPINION FROM THE LUXEMBOURG CONSUMER ASSOCIATION On 30 May 2017, the Luxembourg Consumer Association (“Union Luxembourgeoise des Consommateurs”) published an opinion concerning the DraftLaw No. 7136 on Package Travel and Linked Travel Arrangements. This opinion was transmitted to the Council and led to the adoption of the Law of 25 April 20185. Upon transposing the Directive 2015/23026, the Law allowed the activity of travel organisations to be carried out by any person holding a commercial establishment license (on the condition that this person is covered by an insolvency guarantee and covers the risk of repatriation). The objective was to open the market to other professionals, such as hosting establishments, online platforms and even airlines. In 2018, the Ministry of Economy organised an information and awareness-raising meeting, aimed in particular at tourism professionals, regarding the future changes in the field of package travel and travel services, in addition to a “Midi du consommateur européen” on the New Package Travel Directive7. 3. DECISION NO. 2013-FO-04 LUXAIR/AGENCE DE VOYAGES In its decision No. 2013-FO-04 Luxair/agence de voyages8, the Competition Council of Luxembourg challenged a system of loyalty bonuses and other 3 For example, aid intensities for SMEs and subsidies for youth hostels and holiday villages have been set up. 4 The General Directorate of Tourism works with the OECD and the Tourism Advisory Committee of the European Commission. 5 The Law entered into force on 1 July 2018, http://legilux.public.lu/eli/etat/leg/loi/2018/04/25/a308/jo. 6 Source: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&from=FR. 7 Sources: https://www.cecluxembourg.lu/2018/05/25/27-06-2018-midi-du-consommateur-europeen-partir- -en-vacanceslespritleger/; https://gouvernement.lu/fr/actualites/agenda.gouvernement%2Bfr%2Bactualites%2Bto utes_actualites%2Bcommuniques%2B2018%2B06-juin%2B13-legislation-voyages-forfait.html. 8 Thedecision is availableonline (inFrench): https://concurrence.public.lu/fr/decisions/classements/2013/2013- -fo-04.html.

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