Съдебна практика

Package Travel Directive, Article 3, 8.

Tour operator activity requires offering tourist packages as an occupation. If the Consumer Protection Commission wishes to sanction a person for carrying out tour operator activity without the legally required registration, it must prove that this person has organised more than one package trip.

The Consumer Protection Commission imposes a property sanction on a natural person for carrying out tour operator activity without the registration mandatory by law.  The sanctioned person appeals the issued penal decree.

What circumstances must be proved by the administrative body in order to legally impose a sanction on a person who offers tourist packages without the mandatory registration as a tour operator?

The wording of art. 79, para. 2 of the Tourism Act of 2015, in force at the time of the violation, requires the tour operator to carry out this activity as its occupation. This means that in order to impose a sanction on a person for carrying out a tour operator activity without registration, it is necessary to prove that they have organised more than one tourist trip.

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Няма налични резултати

Няма налични резултати

The Administrative Court Sofia upheld the decision of the Court of First Instance and annulled the penal decree, as the Consumer Protection Commission had not gathered evidence that the sanctioned person had organised more than one tourist trip.