Air Berlin plc & Co. Luftverkehrs KG v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V.
Date: 2017-07-06
22


It should be noted that, in interpreting a provision of EU law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see judgment of 19 July 2012, ebookers.com Deutschland, C‑112/11, EU:C:2012:487, paragraph 12 and the case-law cited).
23


It is evident from the wording of the third sentence of Article 23(1) of Regulation No 1008/2008 that the obligation to specify at least the air fare, as well as the taxes, airport charges and other charges, surcharges or fees, where these items have been added to the air fare, is in addition to the obligation under the second sentence of Article 23(1) to indicate the final price (see, to that effect, judgment of 15 January 2015, Air Berlin, C‑573/13, EU:C:2015:11, paragraph 44).
30


Article 23(1) of Regulation No 1008/2008 seeks to ensure, in particular, that there is information and transparency with regard to prices for air services from an airport located in a Member State and accordingly to contribute to safeguarding protection of customers who use those services. In that respect, it lays down information and transparency obligations as regards, in particular, the conditions applicable to air fares, the final price to be paid, the air fare and the unavoidable and foreseeable items that are added to the fare, and the optional price supplements relating to services that supplement the air service itself (judgment of 18 September 2014, Vueling Airlines, C‑487/12, EU:C:2014:2232, paragraph 32).
41


It should be noted that, in the context of a reference for a preliminary ruling, the Court is only empowered to rule on the interpretation or validity of EU law in the light of the factual and legal situation as described by the referring court, in order to provide that court with such guidance as will assist it in resolving the dispute before it (see, to that effect, judgment of 27 April 2017, A-Rosa Flussschiff, C‑620/15, EU:C:2017:309, paragraph 35).
44


Without there being any need to rule on the question whether the flat-rate handling fees provided for in point 5.2 of the general terms and condition are covered by the concept of ‘air fares’ within the meaning of Regulation 1008/2008, and consequently, whether that term may benefit from the pricing freedom set out in Article 22(1) of that regulation, it must be noted that the purpose of Directive 93/13, in accordance with Article 1(1) thereof, is to approximate the laws of the Member States relating to unfair terms in contracts concluded between a seller or supplier and a consumer. It is accordingly a general directive for consumer protection, intended to apply in all sectors of economic activity. The objective of that directive is not to restrict the pricing freedom of air carriers but to require Member States to provide for a mechanism ensuring that every contractual term not individually negotiated may be reviewed in order to determine whether it is unfair for the purposes of the protection granted to a consumer on account of the fact that he is in a position of weakness vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge (see, to that effect, judgment of 26 February 2015, Matei, C‑143/13, EU:C:2015:127, paragraph 51 and the case-law cited).
48


The judgment of 18 September 2014, Vueling Airlines (C‑487/12, EU:C:2014:2232) cannot lead to a different conclusion. In that judgment, the Court considered that Article 22(1) of Regulation No 1008/2008 precludes legislation, such as that at issue in that case, which requires air carriers to carry, in all circumstances, baggage checked-in by their passengers without it being possible to charge any price supplement to carry such baggage. By contrast, the Court did not in any way state that pricing freedom precludes, in general, the application of any consumer protection rule. On the contrary, the Court noted that, without prejudice to the application, in particular, of rules enacted in the field of consumer protection, EU law does not preclude Member States from regulating aspects of the contract of carriage by air, in order, in particular, to protect consumers against unfair practices, provided that the pricing provisions of Regulation (EC) No 1008/2008 are not affected (see, to that effect, judgment of 18 September 2014, Vueling Airlines, C‑487/12, EU:C:2014:2232, paragraph 44).