The defendant, an Austrian air carrier, advertised flights operated by the defendant for an especially low price (e.g. EUR 99) in various media. At the bottom of the advertisement it was indicated that this price does not include airport fees, taxes, ticket service charges, fuel surcharges and additional costs for departing from Austrian state airports.
The plaintiff, also an air carrier, filed a cease-and-desist order to prohibit the advertisement of a price that was lower than the actual total price.