146 TOURISM LAW IN EUROPE on the liability of intermediaries regarding online infringement of rights. The court did not address whether a similar liability regime can be applied to the duty to ensure that all required information is given to the consumer. The EU Commission has expressed concerns about rules such as the Danish intermediary rule. In their opinion, it is too burdensome for the supplier76. The Commission states that “Member States are encouraged to seek a balanced approach to ensure that consumers enjoy a high level of protection in particular from unfair commercial practices, while not imposing disproportionate information obligations and other administrative burdens on private individuals who are not traders but who provide services on an occasional basis.”77. Determining a “balanced approach” is ultimately a policy question. 76 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A European Agenda for the Collaborative Economy, COM(2016)356 final, section 2.1. See a critical analyses of this agenda, CAUFFMAN, C., ‘The Commission’s European Agenda for the Collaborative Economy – (too) Platform and Service Provider Friendly?,’ Maastricht European Private Law Institute’, Working Paper No. 2016/07. 77 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A European Agenda for the Collaborative Economy, COM(2016)356 final, 11.
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