FRANCE | LAURENCE JÉGOUZO 191 in that it emanates from an administrative committee invested with this power by law. Motivation: The rules relating to any administrative act apply to the decision registration. This is the case for the system set up by the Law of 11 July 197956, amended by the Legal Act of 17 January 198657 and the Order of 14 May 200958 on the statement of reasons. Furthermore, reasons must be given for refusal of registration, such as any negative individual administrative decision. Time limit for appeal: The operator who contests the committee’s decision may bring the matter before the administrative judge within two months of the notification of this decision. For the moment, there is no case law on the matter. 3.2.2. CONDITIONS TO BE FULFILLED TO OBTAIN THE QUALIFICATION OF TOURIST OPERATOR The two main obligations. The regime proposed by the Law of July 22, 2009 has largely simplified the system governing the sale of travel and standardized the conditions of the exercise of this activity for all operators, regardless of their status. In order to obtain registration and entry in the register held by Atout France, so, the qualification of travel and tourism operators, the operator has to meet the obligations provided by the Article L. 211-18 of the Tourism Code, this means that he must justify a financial guarantee, professional liability insurance and professional competence. These three obligations thus met the wishes of the national union of Travel Professionals, defending the principle: “same rights, same duties”59. The obligation to have commercial premises for the exercise of this activity had been abolished and that due to changes in the activity and in particular the development of operators working via the Internet: this installation requirement was obsolete and tended to constitute an unnecessary hindrance to the start-up of the activity for new operators60. However, by ordinance of 18 December 56 Legal Act no. 79-587 of 11 July. 1979 relating to the motivation of administrative acts and the improvement of administrative acts and the improvement between the administration and the public, OJ 12 Jul. 1979, p. 1711. 57 Legal Act no. 86-76 of Jan. 17, 1986 on various social provisions, OJ Jan. 18, 1986, p. 888. 58 Ordinance No. 2009-536 of May 14, 2009 on various adaptation provisions for overseas law, OJ May 15, 2009, p. 8139. 59 SANI M., “Agences de voyages : la nouvelle donne juridique et réglementaire”, Tourmag, 20 oct. 2009. 60 JÉGOUZO L., “La loi de modernisation des services touristiques, un an après, avancée ou complexification des procédures?”, Gaz. Pal., 6 May 2006.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==