Category Archives: Transportation

Regulation (EC) No 1008/2008 – Air services

Judgment

C-575/13

15.01.2015

Parties

Jurisdiction

Formation

Judge Rapporteur

Advocate General

Subject-matter

Reference for a preliminary ruling

Air Berlin plc & Co. Luftverkehrs KG

v.

Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V

CJEU

5th Ch.

 C. Vajda

Y. Bot

Transportation

Keywords

 Regulation (EC) No 1008/2008 — Air services — Second sentence of Article 23(1) — Price transparency — Computerised booking system — Air fares — Indication at all times of the final price.

Signficant points

  1. The second sentence of Article 23(1) of Regulation No 1008/2008 provides that the final price to be paid is at all times to be indicated and is to include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication.
  2. It follows from the actual wording of that provision that, in the context of a computerised booking system such as that at issue in the main proceedings, on the one hand, the final price to be paid must be indicated ‘at all times’, without any distinction being made between the moment when that price is indicated for the first time, the moment when the customer selects a particular flight, or the moment when the contract is finally concluded.
  3. And, on the other hand, that the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown.
  4. Indeed, in a comparability perspective, the Court has already had occasion to point out that that provision seeks to ensure that there is information and transparency with regard to the prices for air services and that, consequently, it contributes to safeguarding protection of customers having recourse to those services (judgments in ebookers.com Deutschland, EU:C:2012:487, paragraph 13, and Vueling Airlines, C‑487/12, EU:C:2014:2232, paragraph 32).

Noteworthy