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Court of Justice says airline cancellation fees can be assessed for fairness

Published on: 18 July 2017
Published by: LexisPSL
  • Court of Justice says airline cancellation fees can be assessed for fairness
  • Original news
  • Facts of case
  • The Court of Justice’s findings
  • Key point

Article summary

Commercial analysis: the Court of Justice has ruled that the third sentence of Article 23(1) of Regulation (EC) 1008/2008 must be interpreted as meaning that, when publishing their air fares, air carriers must specify separately the amounts payable by customers for taxes, airport charges and other charges, surcharges or fees referred to in Article 23(1) of Regulation 1008/2008 and may not, as a consequence include those items, even partially, in the air fare referred to under that Article. Secondly, Article 22(1) must be interpreted as not precluding the application of national legislation transposing Directive 93/13/EEC on unfair terms in consumer contracts from leading to a declaration of invalidity of a term in general terms and conditions which allows separate flat-rate handling fees to be billed to customers who did not take a flight or who cancelled their booking. or take a trial to read the full analysis.

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