Opinion of the Advocate General — ECLI:EU:C:2014:27
Date: 2014-01-23
Language of the case: Spanish
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Fifth Chamber), 18 September 2014 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Interpretation of national law — Not included (Art. 267 TFEU) 2. EU law — Interpretation — Texts in several languages — Differences between the various language versions — Account to be taken of the purpose and general scheme of the rules at issue 3. Transport — Air transport — Common rules for the operation of air services in the Union — Regulation No 1008/2008 — Levying of charges — National law requiring air carriers to carry not only the passenger but also the baggage checked in by that passenger for the price of the plane ticket without charging any price supplement — Unlawful (European Parliament and Council Regulation No 1008/2008, Art. 22(1)) 4. EU law — Directly applicable provisions — Conflict between EU law and a national law — Obligations and powers of the national court hearing the case — Non-application of the national law 1. See the text of the decision. (see para. 26) 2. See the text of the decision. (see paras 30, 31) 3. Article 22(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community must be interpreted as precluding a national law that requires air carriers to carry, in all circumstances, not only the passenger, but also baggage checked in by him, provided that the baggage complies with certain requirements as regards, in particular, its weight, for the price of the plane ticket and without it being possible to charge any price supplement to carry such baggage. A national law that requires the price to be paid for the carriage of checked-in baggage to be included, in all circumstances, in the base price of the plane ticket, prohibits any means of setting a price differently for a ticket to travel that includes the right to check in baggage and for a ticket that does not offer that possibility. Consequently, that law contravenes not only the right of air carriers freely to set fares payable for the carriage of passengers on air services and the conditions under which those fares apply, in accordance with Articles 2(18) and 22(1) of Regulation No 1008/2008, but is also likely to call into question, in particular, the objective pursued by that regulation, which is to enable the effective comparison of such fares, in that air carriers affected by such a national law are not permitted to apply separate charges for the service of carrying checked-in baggage, while airlines subject to the legislation of another Member State are permitted to do so. (see paras 45, 49, operative part) 4. If the result required under EU law cannot be achieved by adopting a consistent interpretation of the domestic law, the national court is under a duty to give full effect to the provisions of EU law, if necessary refusing of its own motion to apply any conflicting provision of national legislation. (see para 48)