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Case C-28/19: Judgment of the Court (Seventh Chamber) of 23 April 2020 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ryanair Ltd, Autorità Garante della Concorrenza e del Mercato — Antitrust v Autorità Garante della Concorrenza e del Mercato — Antitrust, Ryanair Ltd, Ryanair DAC (Reference for a preliminary ruling — Transport — Air services — Regulation (EC) No 1008/2008 — Article 23(1) — Indication of the final price to be paid — Online passenger check-in fees — VAT — Administrative fees for purchases made by means of a credit card other than that approved by the air carrier — Unavoidable and foreseeable elements of the final price to be paid — Optional price supplements — Concept)
ECLI:EU:UNKNOWN:62019CA0028
62019CA0028
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Valentina R., lawyer
13.7.2020
Official Journal of the European Union
C 230/10
(Case C-28/19) (1)
(Reference for a preliminary ruling - Transport - Air services - Regulation (EC) No 1008/2008 - Article 23(1) - Indication of the final price to be paid - Online passenger check-in fees - VAT - Administrative fees for purchases made by means of a credit card other than that approved by the air carrier - Unavoidable and foreseeable elements of the final price to be paid - Optional price supplements - Concept)
(2020/C 230/12)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Ryanair Ltd, Autorità Garante della Concorrenza e del Mercato — Antitrust
Defendants: Autorità Garante della Concorrenza e del Mercato — Antitrust, Ryanair Ltd, Ryanair DAC
Operative part of the judgment
Article 23(1) of Regulation (EC) 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 meaning that passengers’ check-in fees whose payment cannot be avoided because there is no alternative method of checking-in free of charge, the value added tax (VAT) applied to fares for domestic flights, and administrative fees for purchases made by means of a credit card other than that approved by the air carrier constitute price elements that are unavoidable and foreseeable within the meaning of the second sentence of that provision. By contrast, that provision must be interpreted as meaning that passengers’ check-in fees whose payment can be avoided by using a free check-in option and the VAT applied to optional supplements relating to domestic flights constitute an optional price supplement within the meaning of the fourth sentence of that provision.
(1) OJ C 164, 13.5.2019.