# C_2017283EN.01001001.xml

| 28.8.2017 | EN | Official Journal of the European Union | C 283/10 |
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28.8.2017

EN

Official Journal of the European Union

C 283/10

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Judgment of the Court (Fourth Chamber) of 6 July 2017 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Air Berlin plc & Co. Luftverkehrs KG v Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

(Case C-290/16) (1)

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((Reference for a preliminary ruling - Transport - Common rules for the operation of air services in the European Union - Regulation (EC) No 1008/2008 - Provisions on pricing - Article 22(1) - Article 23(1) - Information required on presentation of fares and rates available to the general public - Obligation to indicate the actual sum of taxes, charges, surcharges or fees - Pricing freedom - Invoicing of handling fees in the event of cancellation of a flight booking by a passenger or failure to present for boarding - Consumer protection))

(2017/C 283/13)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant: Air Berlin plc & Co. Luftverkehrs KG

Appellant:

Respondent: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

Respondent:

Operative part of the judgment

Operative part of the judgment

| 1. | The third sentence of Article 23(1) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, when publishing their air fares, air carriers must specify separately the amounts payable by customers in respect of taxes, airport charges and other charges, surcharges or fees referred to in subparagraphs (b) to (d) of the third sentence of Article 23(1) of that regulation and may not, as a consequence include those items, even partially, in the air fare referred to in subparagraph (a) of the third sentence of Article 23(1) of that regulation. |
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1.

The third sentence of Article 23(1) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, when publishing their air fares, air carriers must specify separately the amounts payable by customers in respect of taxes, airport charges and other charges, surcharges or fees referred to in subparagraphs (b) to (d) of the third sentence of Article 23(1) of that regulation and may not, as a consequence include those items, even partially, in the air fare referred to in subparagraph (a) of the third sentence of Article 23(1) of that regulation.

| 2. | Article 22(1) of Regulation No 1008/2008 must be interpreted as not precluding the application of national legislation transposing Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts from leading to a declaration of invalidity of a term in general terms and conditions which allows separate flat-rate handling fees to be billed to customers who did not take a flight or who cancelled their booking. |
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2.

Article 22(1) of Regulation No 1008/2008 must be interpreted as not precluding the application of national legislation transposing Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts from leading to a declaration of invalidity of a term in general terms and conditions which allows separate flat-rate handling fees to be billed to customers who did not take a flight or who cancelled their booking.

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(1)  OJ C 343, 19.9.2016.

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