CONSUMERS LAW
European Curt of Justice: a computerised booking system must, from the outset, indicate the final price to be paid for each flight from an EU airport in respect of which the fare is shown.
A computerised booking system must , from the outset , indicate the final price to be paid for each flight from an EU airport in respect of which the fare is shown.
The German Federal Union of Consumer Organisations and Associations is challenging before the German courts the way in which air fares are presented in Air Berlin’s computerised booking system, as configured in November 2008.
Once the date and airports of departure and arrival have been selected, the booking system displays a table of possible connections. The final price per person is indicated only for the connection pre - selected by Air Berlin or clicked on by the customer, and not for every connection shown. According to the Federal Union, this practice does not comply with the requirements of EU law regarding price transparency of air services.
The action for an injunction which the Federal Union brought against Air Berlin was upheld by the courts of first instance and of appeal . Air Berlin therefore turned to the Bundesgerichtshof ( Federal Court of Justice, Germany ). That court has asked the Court of Justice to interpret EU legislation on the pricing of air services from an EU airport. By today’s judgment, the Court rules that, in the context of a computerised booking system such as the system at issue here, the final price to be paid must be indicated whenever the prices of air services are shown, including when they are shown for the first time.
This applies not only to the air service specifically selected by the customer , but also t o each air service in respect of which the fare is show n. That interpretation follows both from the wording and the broad logic and objective of the EU legislation, which is designed in particular to ensure that customers are able to compare effectively the prices for air services of different air carriers.
(Source: Web site Curia – Press Release no. 4/2015 - Author and Ownership of the contents: European Court of Justice).
The German Federal Union of Consumer Organisations and Associations is challenging before the German courts the way in which air fares are presented in Air Berlin’s computerised booking system, as configured in November 2008.
Once the date and airports of departure and arrival have been selected, the booking system displays a table of possible connections. The final price per person is indicated only for the connection pre - selected by Air Berlin or clicked on by the customer, and not for every connection shown. According to the Federal Union, this practice does not comply with the requirements of EU law regarding price transparency of air services.
The action for an injunction which the Federal Union brought against Air Berlin was upheld by the courts of first instance and of appeal . Air Berlin therefore turned to the Bundesgerichtshof ( Federal Court of Justice, Germany ). That court has asked the Court of Justice to interpret EU legislation on the pricing of air services from an EU airport. By today’s judgment, the Court rules that, in the context of a computerised booking system such as the system at issue here, the final price to be paid must be indicated whenever the prices of air services are shown, including when they are shown for the first time.
This applies not only to the air service specifically selected by the customer , but also t o each air service in respect of which the fare is show n. That interpretation follows both from the wording and the broad logic and objective of the EU legislation, which is designed in particular to ensure that customers are able to compare effectively the prices for air services of different air carriers.
(Source: Web site Curia – Press Release no. 4/2015 - Author and Ownership of the contents: European Court of Justice).
