CJEU JUDGMENT IN THE WIKINGERHOF & BOOKING.COM CASE ...

CJEU JUDGMENT IN THE WIKINGERHOF & BOOKING.COM CASE NO C-59/19

24.11.2020

The Court of Justice of European Union (“CJEU”) has already made its decision on the Wikingerhof GmbH & Co. KG v Booking.com BV case no C-59/19.

In the present case, Wikingerhof GmbH & Co. KG, a company governed by German law operating a hotel in Germany concluded its contract with Booking.com BV, containing the phrase following: the hotel declares that it has received a copy of Version 0208 of the General Terms and Conditions … of Booking.com. These are available online at Booking.com …. The hotel confirms that it has read and understood the terms and conditions and agrees to them. The terms and conditions form an integral part of this contract …’. Subsequently, and on several occasions, Booking.com amended its general terms and conditions, accessible on that company’s Extranet.

When the case was brought before the Federal Court of Justice of Germany, the Court asked to the CJEU whether point 2 of Article 7 of Regulation No 1215/2012 applies to an action seeking an injunction to stop certain practices implemented in the context of the contractual relationship between the applicant and the defendant, based on an allegation of abuse of a dominant position by the latter in breach of competition law.

Firstly, the CJEU notes that in order to decide whether a claim between contracting parties is connected to "matters relating to a contract" or to "matters relating to tort or delict", within the meaning of Regulation No 1215/2012, the court hearing the action must examine the obligation "relating to a contract" or "relating to tort, delict or quasi-delict" which constitutes the cause of action.

According to the CJEU, in the present case where Wikingerhof relies on an infringement of German Competition Law, the legal issue at the heart of the case in the main proceedings is whether Booking.com committed an abuse of a dominant position within the meaning of German competition law.

The CJEU states that the action brought by Wikingerhof, in so far as it is based on the legal obligation to refrain from any abuse of a dominant position, is a matter relating to tort, delict or quasi-delict within the meaning of point 2 of Article 7 of Regulation No 1215/2012.

You can read the full text of the Decision here.

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Zumbul Attorneys-at-Law

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