The tourist package contract resolution and right of withdrawal before the package

In view of the above situation, the European legislator has felt the need to intervene with the Directive 2015/2302. And this, on the assumption that the changes under the Lisbon Treaty of 13 December 2007, the tourism sector has found explicit recognition also in primary law. Article. 195, par. 1 of the Treaty on the Functioning of the EU (TFEU) establishes, in fact, that "the Union shall complement the action of Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector". This resulted from the European legislator the need to act as specific objectives: "to encourage a favorable environment for the development of the sector" and to "promote cooperation between Member States, in particular through the exchange of best practices", tant 'is that, to this end, par. 2 of art. 195 TFEU gives the European Parliament and the Council the power to adopt measures "specific". In what the reasons (highlighted by the Commission Communication of 30/06/2010) of a direct intervention to modernize the rules on tourist packages and, in particular, to overcome the shortcomings have arisen in the implementation of Directive 90/314 / EEC on package travel, package holidays and package tours. Although, in fact, this directive stipulated already a significant protection to the purchasers of the traditional "pre tour packages", it is evident that the same is ill-suited to the new mode of online sale and does not regulate the supply of "custom packages" or "related tourist services" (purchase of airfare and hotel bought simultaneously, but offered by different operators).