EN Official Journal of the European Union CE 88/321

(2004/C 88 E/0326)

WRITTEN QUESTION E-0267/03

by Laura González Alvarez (GUE/NGL) to the Commission

(6 February 2003)

Subject: Abuse of a dominant position and misleading advertising by the airlines Spanair and Iberia (Spain)

The consumer group Unión de Consumidores de Asturias has denounced the latest advertising campaign by the airlines Iberia and Spanair as concealing important information from the consumer (e.g. having to spend the Saturday night at the destination, stay for a maximum of ten days, book their tickets at least four days before departure, etc.) as being a violation of Directive 97/55/EC (1) on misleading advertising.

Moreover, Unión de Consumidores de Asturias has accused these airline companies and Air Nostrum of ticket price fixing, which would constitute an abuse of a dominant position and a contravention of Article 82 of the EC Treaty on the exploitation of dominant positions.

Is the Commission aware of this situation?

What measures will it adopt, as guardian of the Treaties, to ensure compliance with Community law in the case in point?

Answer given by Mr Byrne on behalf of the Commission

(14 March 2003)

The Commission has become aware of a number of complaints from consumer organisations about certain misleading advertising practices in the air transport sector. Indeed, a key aspect of Community consumer and transport policy is that passengers should be entitled to receive comprehensive and clear information. Omission of essential information in adverts for air transport services may infringe Community law. Council Directive 84/450/EEC of 10 September 1984 (2) as amended by Directive 97/55/EC of the Parliament and of the Council of 6 October 1997 concerning misleading advertising so as to include comparative advertising, provides an effective tool to take action against misleading practices. The practical every day enforcement of this Directive is, however, a matter for the Member States who are best placed to determine how this should be achieved in their country. Unfortunately, the Commission is not able to directly intervene on individual complaints addressed by citizens to Member States. The examination of the measures communicated by the Spanish Government for misleading and comparative advertising does not allow the Commission to conclude that there is an infringement to Community law.

To address the grievances of airline passengers, the Commission on 7 June 2002 issued a consultation paper on airlines' contracts with passengers. This concerned, among other things, the information the passenger should receive before buying an airline ticket. The consultation yielded numerous contributions from stakeholders and the Commission is currently assessing if and what action should follow to tackle what has been identified as unsatisfactory for the airline passengers.

In relation to the allegation of anti-competitive practices it is true that undertakings which hold a dominant position on the relevant market could, under certain circumstances, abuse that dominant position within the meaning of Article 82 of the EC Treaty. However, in the absence of further details on the alleged abuse by the Spanish airline companies, it is not possible to determine whether the EC Treaty has been violated.

(1) OJ L 290, 23.10.1997, p. 18.

(2) OJ L 250, 19.9.1984.