CJEU asked to decide on price quotation for air tickets - which currency?

Michael Wukoschitz's picture

Article 23 of Reg. (EC) No 1008/2008 provides that with regard to air fares and air rates available to the general public, the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. However, there is no explicit rule on a particular currency to be used.

In the case in question, a German air carrier had advertised on its website  flights from London Stansted to Stuttgart and had indicated the price in GBP. A consumer association filed a cease and desist claim. While the frist instance court granted the claim, the appeleate court (OLG Köln) reversed the judgement and dismissed the claim pointig out that lacking an explicit rule on the currency to be used the disputed price quotation was lawful.

Upon further appeal of the claimant, the German Supreme Court (BGH) suspended the proceedings and filed a reference for premlimary ruliung of the CJEU.

Source: BGH press release 55/2017 of April 27, 2017

BGH Case Number: I ZR 209/15

X