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Case C-487/12: Judgment of the Court (Fifth Chamber) of 18 September 2014 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo — Spain) — Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia (Reference for a preliminary ruling — Air Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Pricing freedom — Checking in baggage — Price supplement — Concept of ‘air fares’ — Consumer protection — Imposition of a fine on an air carrier for an unfair contract term — National law requiring the carriage of passenger and checked-in baggage to be included in the base price of a plane ticket — Whether compatible with EU law)
ECLI:EU:UNKNOWN:62012CA0487
62012CA0487
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24.11.2014
Official Journal of the European Union
C 421/5
(Case C-487/12) (<span class="super">1</span>)
((Reference for a preliminary ruling - Air Transport - Common rules for the operation of air services in the European Union - Regulation (EC) No 1008/2008 - Pricing freedom - Checking in baggage - Price supplement - Concept of ‘air fares’ - Consumer protection - Imposition of a fine on an air carrier for an unfair contract term - National law requiring the carriage of passenger and checked-in baggage to be included in the base price of a plane ticket - Whether compatible with EU law))
2014/C 421/06
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Vueling Airlines SA
Defendant: Instituto Galego de Consumo de la Xunta de Galicia
Operative part of the judgment
Article 22(1) of Regulation No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community must be interpreted as precluding a national law, such as that at issue in the main proceedings, that requires air carriers to carry, in all circumstances, not only the passenger, but also baggage checked in by him, provided that the baggage complies with certain requirements as regards, in particular, its weight, for the price of the plane ticket and without it being possible to charge any price supplement to carry such baggage.
(<span class="super">1</span>) OJ C 26, 26.1.2013.