174 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY impossible (see Court of Cassation 10 July 2018 No. 18047; Court of Cassation 24 July 2007 No. 16315). The Decree-Law No. 9 of 2020 has provisionally introduced a regulation modifying the patrimonial consequences foreseen by Art. 41 of the Tourism Code for the current state of emergency. In fact, for Art. 28, paragraph 5, if the tourist requires automatic termination due to the occurrence of unforeseeable circumstances, the organiser can offer them a replacement package of equivalent or higher quality, return them the amount paid (Art. 41 of the Tourism Code) or issue a so-called “voucher” for an amount equal to the amount paid, to be used within the year of its release. Of all these solutions, the least probable is the first, as it is very difficult for the traveller to have an interest in immediately embarking on a journey in a dramatic situation like the one we are experiencing, always assuming that such planning is possible, considering the described measures and similar ones taken by the other States. In fact, in the current circumstances, no one makes such agreements, not even for a distant future to come. The return of the amount paid can be implemented only theoretically since, if it were implemented on a large scale, this measure could put the organiser in difficulty from the point of view of liquidity, a widespread problem in Italy, and the organiser can choose the preferred one among the three alternatives mentioned. Therefore, for the most part, the operator opts for the third possibility, that is the recognition of a credit equal to the amount paid, a credit exercisable only with the purchase of another trip, within one year from the termination of the first contract, a concept called “voucher”. In Italian law, this expression is improper, but the lawmaker’s will is clear, without prejudice to the fact that this is a simple personal right being discussed and no credit certificate incorporates it. We must ask ourselves whether the emergency situation can justify these provisions to protect the organiser, especially if we consider that, according to Art. 28, paragraph 8, of the Decree-Law No. 9 of 2020, there are rules whose implementation is necessary. Therefore, if the Italian law is applied, they must be implemented, even if foreign law is applicable (based on the principles of private international law) towards both foreign organisers who have sold packages to Italian tourists, and operators of our country who acted for foreign customers. There is a problem with the legitimacy of the Decree-Law No. 9 of 2020 with respect to the EU Directive 2015/2302, because the rules are in clear divergence from the European ones. The rules introduce a form of satisfaction of the consumer interest different from that contemplated in the EU system, which provides only for the immediate return of the consideration. It is premature to
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