WRITTEN QUESTION E-0267/03 by Laura González Álvarez (GUE/NGL) to the Commission. Abuse of a dominant position and misleading advertising by the airlines Spanair and Iberia (Spain).
Date: 2003-02-06
Institutions: European Parliament, Provisional data
Subjects: Spain, advertising malpractice, air transport, application of EU law, consumer information, consumer protection, dominant position, price agreement, transport company

8.4.2004

EN

Official Journal of the European Union

C 88 E/321

What steps will the Commission take to safeguard the EU’s cross-border trade with the applicant countries
through to 1 May 2004? Will the Commission take measures to provide customs agents with an incentive
to remain in their jobs until enlargement takes place? Can the Commission envisage introducing an
arrangement similar to the one that applied in 1992 for the transition to the internal market? If not, how
will the Commission resolve this emerging problem?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 March 2003)

As the Commission has already indicated, in its reply to Mr Lisi’s Written Question E-2488/02 (1), it does
not intend to introduce an arrangement similar to the one applied in 1992 for the transition to the
internal market. In its reply to the above Question, the Commission pointed out the options available to
Member States under the Structural Funds and the guidelines adopted for State aid.

(1) OJ C 52 E, 6.3.2003, p. 179.

(2004/C 88 E/0326)

WRITTEN QUESTION E-0267/03

by Laura González Álvarez (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?

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

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.
information in adverts for air transport services may infringe Community law.
Omission of essential
Council Directive 84/450/EEC of 10 September 1984 (1) 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

C 88 E/322

Official Journal of the European Union

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8.4.2004

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 250, 19.9.1984.

(2004/C 88 E/0327)

WRITTEN QUESTION E-0303/03

by Roger Helmer (PPE-DE) to the Commission

(10 February 2003)

Subject: Malta’s accession to the EU

Would the Commission please comment on reports that 900 mentally-competent senior citizens have been
crossed off the electoral register in Malta and will not be allowed to vote in the forthcoming referendum
on Malta’s accession to the EU?

Would the Commission further comment on reports that the ‘Yes’ National Party have engaged in
improper and undemocratic practices to further their campaign and impede the ‘No’ campaign (cid:1) such as
biasing the civil service, restricting the number of mass meetings that the ‘No’ Labour Party can hold and
comparing ‘No’ supporters with the Nazis?

Answer given by Mr Verheugen on behalf of the Commission

(13 March 2003)

The Honourable Member raises questions concerning important democratic rights. Article 6(1) of the
Treaty on the European Union provides that the Union is founded on principles of democracy and respect
for human rights and fundamental freedoms. However, the Union does not have a general competence as
regards the fundamental rights, but it can intervene only in the event of violation of the fundamental rights
in the field of the application of the Union legislation.

The electoral issues, including criteria for the right to vote in national referenda belong to the powers of
the Member States. There is no Union legislation on the subject. In 1993, the Member States agreed about
the so called Copenhagen criteria for accession. According to these criteria, membership requires that the
Candidate Country has achieved among others ‘stability of institutions guaranteeing democracy, the rule of
law, human rights and respect for and protection of minorities’. The questions of the Honourable Member
concerning Malta can be considered from this point of view.