Garanzia per l'insolvenza e contratti di massa

The legislative decree n. 62/2018, in transposition of the EU directive 2302/2015, sets out the insolvency protection schemes in relation to packages and linked travel arrangements. Given the orga- nisers’ obligation to provide sufficient evidence of security for the refund of payments and the repatriation of travelers in the event of insolvency, the Author focuses on the provision that the protection shall be ‘effective’ (art. 47 cod. tur.). Thus, the Author assesses the insolvency protection schemes in the light of the principle of effecti- veness. Moreover, the Author explores the potential of insolvency insurance as a policy tool to overcome the hurdles to full harmonisa- tion of insolvency law within European Union and its role in the protection of unsecured vulnerable creditors.