Doctrine

Package Travel Directive, Article 12

The professionals of the tourism, entertainment and sport sectors were able, last spring, to benefit from an efficient shield, thanks to two ordinances, one of 25 March taken in favour of the professionals of tourism - especially the travel agencies -, the other of 7 May for the benefit of the professionals of entertainment and sport. These texts authorised professionals in these sectors to offer their customers a credit note, valid for eighteen months, instead of a refund, for services they had purchased but had been cancelled due to the pandemic. However, these were temporary measures and were not intended to apply to cancellations notified after 15 September. Admittedly, because of the second wave of the epidemic, the senators did try to obtain the maintenance of these measures until the end of the state of health emergency - which was extended until 16 February 2021. But this amendment was eventually dropped from the final text at the request of the government itself. It is true that considering that the device contained in the ordinance Tourism contravened the Travel Directive ° 2015/2302 of 25 November 2015, the European Commission had opened an infringement procedure against France at the beginning of the summer. However, it put an end to it precisely because this measure was of a temporary nature. There is no doubt that it would have brought the infringement procedure to its conclusion if the government had not opposed the extension of the application of the ordinance Tourism. It probably would have analysed France's attitude as a provocation.