Case law

Price Indication Directive, link

Prior to the implementation of airlines' obligation to indicate the gross price, an airline could advertise flights at a net flight price, provided that the advertisement was not misleading according to competition law, by e.g. indicating that additional surcharges would be incurred besides the flight price.

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.

The Court elaborated that, prior to the implementation of airlines' obligation to indicate the gross price, it was permissible to advertise flights at a net flight price, provided that the advertisement was not misleading according to competition law, by e.g. indicating that surcharges would be incurred.
In the opinion of the Court, the defendant's internet advertisement was not misleading because the customer was informed of the additional costs when opening the defendant's webpage. Concerning the advertisements in newspapers, displays and mega boards, the Court explained that an average informed flight passenger knows that additional costs may be incurred.

The Court had to decide on the advertisement of flight prices, where surcharges, taxes and other charges are indicated only at the bottom of the advertisement.

URL: https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Justiz&Dokumentnummer=JJT_20060420_OGH0002_0040OB00013_06Z0000_000&ResultFunctionToken=ce05bb60-65b4-4299-adf8-08c089b74d8c&Position=1&Gericht=&Rechtssatznummer=&Rechtssatz=&Fundstelle=&AenderungenSeit=Undefined&SucheNachRechtssatz=True&SucheNachText=True&GZ=4+ob+13%2f06z&VonDatum=&BisDatum=14.12.2016&Norm=&ImRisSeit=Undefined&ResultPageSize=100&Suchworte=

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The appeal of the defendant was successful and the Court reinstated the decision of the court of first instance.