374 COMPETITION LAW IN TOURISM extended to micro-enterprises as subjects of protection in the relationships with the professionals45. The current internal regulation of commercial practices to the potential damage of the consumer is contained in the Consumer Code. In paragraph 1 of Article 20, unfair commercial practices were therefore prohibited, and are indicated in paragraph 2 as those contrary to professional diligence and are false or suitable to falsify the economic behaviour in relation to the product of the average consumer that they reach, or to which they are directed, or by the average member of a group if the commercial practice is directed to a specific group of consumers. Articles 21, 22 and 23 then list the cases that constitute misleading actions (Art. 21), misleading omissions (Art. 22), misleading advertising of maritime tariffs, (Art. 21-bis) and commercial practices considered in each case misleading (Art. 23), without however outlining a closed list46. Therefore, the occurrence of one of the misleading actions, listed in Article 21, should lead to assume the presence of a behaviour that can be sanctioned by the Authority until proven47. Presently, although companies are sanctioned for violating Art. 20, both Article 21, paragraph 1, letters b) and d) and Article 22, which governs misleading omissions, deserve further investigation. 45 Article 1 of Legislative Decree No. 1/2012 defines micro-enterprises as the “entities, partnerships or associations, which, regardless of their legal form, carry out an economic activity also on an individual or family basis, employing less than ten people and achieving an annual turnover or a total of budget year not exceeding two million euros, pursuant to Article 2, paragraph 3, of the annex to Recommendation No. 2003/361/EC of the Commission of 6 May 2003”. On micro-enterprises, see among the others: G. De Cristofaro, Pratiche commerciali scorrette e “microimprese” (Unfair commercial practises and “micro-enterprises”), in Leggi Civ. e Comm., 2014, p. 3; E. Bacciardi, La limitazione del recesso delle microimprese tra pratiche commerciali scorrette e pubblicità ingannevole (The limitation of withdrawal for micro-enterprises between unfair commercial practices and misleading), in Nuova giur. Comm., 2014, p. 239; E. Labella, Tutela della microimpresa e “terzo contratto” (Protection of micro-enterprises and “third contract”), in Europa e Dir. Priv., 2015, p. 857; F. Trubiani, Le microimprese dentro e fuori il Codice del consumo (Micro enterprises inside and outside the Consumer Code), in Studium iuris, 2016, p. 1151. 46 As regards the issue concerning the prevalence of the general and special clause, see: G. De Cristofaro, Il divieto di pratiche commerciali scorrette e i parametri di valutazione della “scorrettezza” (The prohibition of unfair commercial practices and the parameters of evaluation of “unfairness”), in G. De Cristofaro (ed.), Pratiche commerciali scorrette e codice del consumo (Unfair Commercial Practices and Consumer Code), Tourin, 2008, p. 120; M. Libertini, Clausola generale e disposizioni particolari nella disciplina delle pratiche commerciali scorrette (General clause and special provisions governing unfair commercial practices), in Contratto e impresa, 2009, p. 74. 47 On the relationship between the general rule and typical cases, the opinion that gives the special cases the effect of facilitating the consumer in providing proof of the incorrectness of the practice is considered to be acceptable. See E. Labella, Pratiche commerciali scorrette (Unfair commercial practises), in G. Cassano, A. Catricalà & R. Clarizia (ed.), Concorrenza, mercato e diritto dei consumatori (Competition, market and consumer law), Vicenza, 2018, pp. 1237 et seq.
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