According to a judgment by the European Court of Justice on Thursday 6 July (C-290/16), pricing freedom recognised for air carriers does not preclude the application of a national law protecting consumers and leading to a declaration of invalidity of a term in the general terms and conditions for airline ticket sales.
The German airline company Air Berlin included a term in its general terms and conditions stating that, when a passenger cancels a flight booking at an economy rate or does not take the flight, a sum of €25 is to be charged as a handling fee on the amount due to be reimbursed.
The Federal Union of Consumer Organisations in Germany (Bundesverband) considers that that term is invalid, since it unduly disadvantages customers. It also challenges Air Berlin's practices concerning the display of prices on its website, which minimises those actually collected by the airports concerned.
In its response to the German Federal Court, the Court argues that the freedom of pricing allowed for handlers in accordance with the terms of regulation 1008/2008 does not preclude the application of a national regulation transposing Directive 93/13 on unfair terms that may lead to the exclusion of a clause contained in general conditions of sale.
On the issue of price transparency, the European Court explains that when their prices are published, airline companies must indicate the amounts due from customers in respect of airport charges separately. (Original version in French by Mathieu Bion)