Case C‑573/13

Air Berlin plc & Co. Luftverkehrs KG

v

Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Air services — Second sentence of Article 23(1) — Price transparency — Computerised booking system — Air fares — Indication at all times of the final price’

Summary — Judgment of the Court (Fifth Chamber), 15 January 2015

1. Transport — Air transport — Common rules for the operation of air services in the European Union — Pricing — Price transparency — Computerised booking system for air services — Obligation of the service provider to indicate the final price to be paid whenever prices are shown

   (European Parliament and Council Regulation No 1008/2008, Recital 16 and Art. 23(1))

2. Transport — Air transport — Common rules for the operation of air services in the European Union — Pricing — Price transparency — Computerised booking system for air services — Obligation of the service provider to indicate the final price to be paid for each flight shown

   (European Parliament and Council Regulation No 1008/2008, Art. 23(1))

1.  The second sentence of Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, in the context of a computerised booking system for air services, the final price to be paid must be indicated whenever the prices of air services are shown, including when they are shown for the first time.

   It follows from the actual wording of that provision that the final price to be paid must be indicated at all times, without any distinction being made between the moment when that price is indicated for the first time, the moment when the customer selects a particular flight, or the moment when the contract is finally concluded. It follows, moreover, from recital 16 to Regulation No 1008/2008 that the obligation imposed on air carriers at all times to indicate the final price to be paid is necessary in order to enable customers to compare the prices for air services of different air carriers effectively, in accordance with the objective that it should be possible effectively to compare prices for air services, pursued by Article 23(1) of that regulation.

   (see paras 25, 34, 35, operative part 1)

2.  The second sentence of Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, in the context of a computerised booking system for air services, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown.

   The obligation to indicate the final price to be paid for each flight in respect of which the fare is displayed, and not for the only flight specifically selected, enables customers to compare effectively the prices for air services, in accordance with the general objective of transparency of prices for air services, pursued by Article 23(1) of Regulation No 1008/2008. Furthermore, it does not in any way follow from that obligation that indicating the air fare or air rate for each of those flights, as provided in the third sentence of Article 23, is prohibited, in so far as the obligation to specify at least those fares or rates, as well as the taxes, airport charges and other charges, surcharges or fees, where these items have been added to the air fare or air rate, is in addition to the obligation under the second sentence of Article 23(1) to indicate the final price.

   (see paras 41, 43-45, operative part 2)

Case C‑573/13

Air Berlin plc & Co. Luftverkehrs KG

v

Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e. V.

(Request for a preliminary ruling from the Bundesgerichtshof)

‛Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Air services — Second sentence of Article 23(1) — Price transparency — Computerised booking system — Air fares — Indication at all times of the final price’

Summary — Judgment of the Court (Fifth Chamber), 15 January 2015

1. Transport — Air transport — Common rules for the operation of air services in the European Union — Pricing — Price transparency — Computerised booking system for air services — Obligation of the service provider to indicate the final price to be paid whenever prices are shown

   (European Parliament and Council Regulation No 1008/2008, Recital 16 and Art. 23(1))

2. Transport — Air transport — Common rules for the operation of air services in the European Union — Pricing — Price transparency — Computerised booking system for air services — Obligation of the service provider to indicate the final price to be paid for each flight shown

   (European Parliament and Council Regulation No 1008/2008, Art. 23(1))

1.  The second sentence of Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, in the context of a computerised booking system for air services, the final price to be paid must be indicated whenever the prices of air services are shown, including when they are shown for the first time.

   It follows from the actual wording of that provision that the final price to be paid must be indicated at all times, without any distinction being made between the moment when that price is indicated for the first time, the moment when the customer selects a particular flight, or the moment when the contract is finally concluded. It follows, moreover, from recital 16 to Regulation No 1008/2008 that the obligation imposed on air carriers at all times to indicate the final price to be paid is necessary in order to enable customers to compare the prices for air services of different air carriers effectively, in accordance with the objective that it should be possible effectively to compare prices for air services, pursued by Article 23(1) of that regulation.

   (see paras 25, 34, 35, operative part 1)

2.  The second sentence of Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community must be interpreted as meaning that, in the context of a computerised booking system for air services, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown.

   The obligation to indicate the final price to be paid for each flight in respect of which the fare is displayed, and not for the only flight specifically selected, enables customers to compare effectively the prices for air services, in accordance with the general objective of transparency of prices for air services, pursued by Article 23(1) of Regulation No 1008/2008. Furthermore, it does not in any way follow from that obligation that indicating the air fare or air rate for each of those flights, as provided in the third sentence of Article 23, is prohibited, in so far as the obligation to specify at least those fares or rates, as well as the taxes, airport charges and other charges, surcharges or fees, where these items have been added to the air fare or air rate, is in addition to the obligation under the second sentence of Article 23(1) to indicate the final price.

   (see paras 41, 43-45, operative part 2)