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Airline abusive terms. Obligation of transparency of the ticket price

Source: EUR-Lex

Judgment of the Court of Justice of the European Union of 6 July 2017 (Fourth Chamber) in Case C-290/16 Air Berlin plc & Co. Luftverkehrs KG v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband eV: The Court of Justice has held that the charging by the airline "Air Berlin" of an individual charge of EUR 25 per passenger and a fixed deduction in respect of financial posts as management costs in the event of cancellation of detention or in case of no boarding can be checked and canceled by the competent courts as abusive. General Terms of Transaction within the meaning of Directive 93/13 / EEC on unfair terms of consumer contracts./ The Directive also applies to air transport contracts and, in this context, airlines can not charge handling costs to consumers for fulfilling their own obligation without this ...

The Court of Justice has held that the charging by the airline "Air Berlin" of an individual charge of EUR 25 per passenger and a fixed deduction in respect of financial posts as management costs in the event of cancellation of detention or in case of no boarding can be checked and canceled by the competent courts as abusive. General Terms of Transaction within the meaning of Directive 93/13 / EEC on unfair terms of consumer contracts. The Directive also applies to air transport contracts and, in this context, airlines can not charge consumer charges for the fulfillment of their own obligations without being linked to the freedom to fix air fares. The Court has also held that it is mandatory for airlines to indicate the actual amount of any kind of fees, taxes, charges or surcharges under the principle of price transparency pursuant to Regulation (EC) 1008/2008 ( OJ L 293/3), as it is compulsory and a separate indication of all the elements that make up the final price to be paid by the consumer to the air carrier.