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Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-264/23 Booking.com und Booking.com (Deutschland)
06 June
Donnerstag, 6. Juni 2024
Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C-264/23 Booking.com und Booking.com (Deutschland)
Streit um Bestpreisklauseln
Im Rahmen einer Klage gegen zahlreiche deutsche Hotels vor dem Bezirksgericht Amsterdam begehrt Booking.com die Feststellung, dass ihre Bestpreisklauseln rechtmäßig waren. Die Hotels sind der Meinung, dass diese Klauseln gegen europäisches Wettbewerbsrecht verstoßen.
Bis zum 1. Juli 2015 verwendete Booking.com eine sogenannte „weite Bestpreisklausel“. Nach dieser Klausel war es den Unterkünften nicht gestattet, über ihre eigenen Vertriebskanäle oder über von Dritten betriebene Vertriebskanäle Zimmer zu einem niedrigeren Preis als auf Booking.com anzubieten.
Nachdem das deutsche Bundeskartellamt in einem Verfahren betreffend eine andere Online-Hotelplattform entschieden hatte, dass eine vergleichbare weite Bestpreisklausel sowohl gegen das europäische als auch gegen das deutsche Kartellverbot verstoße, ersetzte Booking.com am 1. Juli 2015 ihre weite Bestpreisklausel gegen eine enge Bestpreisklausel. Danach war es den Unterkünften lediglich untersagt, über ihre eigenen Vertriebskanäle Zimmer zu einem niedrigeren Preis anzubieten.
Mit Beschluss vom 22. Dezember 2015 entschied das Bundeskartellamt, dass auch diese enge Bestpreisklausel gegen das europäische und das deutsche Wettbewerbsrecht verstoße, und untersagte deren Verwendung. Der Bundesgerichtshof bestätigte die Unzulässigkeit der engen Bestpreisklausel mit Beschluss vom 18. Mai 2021 (siehe BGH-Pressemitteilung Nr. 99/21).
Das Bezirksgericht Amsterdam möchte vom Gerichtshof wissen, ob sowohl die weite als auch die enge Bestpreisklausel als Nebenabrede anzusehen und als solche vom europäischen Kartellverbot ausgenommen sind. Sollte dem nicht so sein, möchte es ferner wissen, wie der Markt für Online-Hotelplattformdienste abzugrenzen ist.
Generalanwalt Collins legt heute seine Schlussanträge vor.
Details
- Date:
- 06 June
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- Booking.com, C-264/23
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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