Aviation : la Commission veut mettre fin aux « arnaques » sur le prix des billets[en][de] 

The EU executive launched its first 'ticket sweep' in September 2007 to check that 386 websites selling airline tickets are complying with European consumer protection laws, initial results of which were announced in November that year (EurActiv 15/11/07). 

Affecting fifteen EU countries plus Norway, the sweep – which focused on clear pricing, availability and fair contract terms - was carried out by national authorities under the guidance of the European Commission. 

In May last year, the Commission threatened airlines with legal action if their websites continued to "mislead and rip off" European consumers. 

Indeed, a mid-term report published by the Commission on 8 May 2008 revealed that one in three customers using websites to book an airline ticket was still "confused" (EurActiv 09/05/08). 

The report showed that 137 of the 386 websites investigated were in blatant breach of EU consumer law, with misleading price advertising the most common offence. 

Of the 137 websites investigated since an EU enquiry began in September 2007, 115 have been corrected, according to a 'health check' presented in Brussels yesterday. 

But a dozen remain a "cause for concern" and failed to respond to the Commission's investigation, namely Aeroflot, Emirates, Turkish Airlines, Olympic, airBaltic, MyAir, Northwest Airlines, Royal Air Maroc, Wind Jet, Germanwings, Niki and SkyEurope. 

After a second on-the-spot check of 67 major airlines carried out in March 2009, 52 were either give a clean bill of health or took clear steps to correct the ambiguities, around 80% of the total. 

Airlines given a clean bill of health included Virgin Atlantic, Iberia, TAP and Finnair, while among those included in a 'grey zone' for having made "significant moves" despite outstanding problems were Ryanair, EasyJet, Wizzair, Austrian Airlines, LOT and Lufthansa. "Ryanair is not an ideal company as its practices annoy consumers, but it is making big improvements," Commissioner Kuneva said. 

Giants Air France-KLM and British Airways only avoided being put on the blacklist after phoning the EU executive yesterday morning to reassure the commissioner that steps were being taken. 

The commissioner said the sweep was designed to "tackle the plague of hidden charges, pre-ticked boxes and nasty surprises in the small print of airline websites". "Companies were reluctant to believe that I would really name them," she added. 

Problems identified include misleading fares which fail to take taxes and other charges into account until the last minute and pre-ticking boxes for optional extras like insurance. 

"We're not at all complacent, but we're getting there," Kuneva said, stressing the importance of "converting these findings from anecdotes into legislation". 

"I want practical legislation that will help us in our daily lives," she declared, announcing her intention to come forward with a proposal for a communication on enforcement in June. But for the moment, "we rely on the enforcement authorities in the member states, and through this network, we can close all the loopholes," she insisted. 

Willingness to comply 

Indeed, the commissioner said the current state of play, with airlines showing "willingness to comply across the board," was a "far cry" from the situation two years ago, when "illegal practices were widespread". 

"Airlines who didn’t even want to talk to us two years ago are now entering into constructive dialogue," Kuneva said, adding that she had received a "clear message" from the airline industry that it wants a "level-playing field and equal standards that apply to all". 

But "some companies don't care about consumers' concerns very much," the commissioner warned, referring to the host of airlines that had failed to respond to the Commission. 

Offending airlines have been given until July to change their websites to take account of the EU executive's concerns. If they do not, then national authorities may take action against them under EU law. 

"The Commission cannot take direct action against individual airlines, but would not shy away from launching infringement proceedings against member states for failing to do so themselves," Kuneva said. 

Power game 

Asked whether the EU executive had acted above its station by pursuing the airlines for the last eighteen months without a clear mandate to act, the commissioner conceded that "it's a power game," and added: "We very much depend on how well national enforcers are doing their jobs". 

"I can't work miracles, but let's try and empower consumers. Step-by-step, I'll clean the market. Some of these companies have been abusing consumers for decades," Kuneva said. 

The upcoming Commission communication will seek to strengthen the network of national enforcement authorities and identify how the EU executive can help their work, for example by monitoring the impact of enforcement efforts. 

The EU executive is also working with airlines to establish an industry-wide agreement to uphold standards. It will launch another sweep later this year, and carry out joint enforcement actions with "small groups of member states". 

Hailing the sweep as a "huge success story," EU Consumer Affairs Commissioner Meglena Kuneva said "this Europe-wide airline investigation is changing the face of airline websites across the EU". "We'll get what we want. But there is no room for complacency [as] there is more work to be done," she said. 

"This first pan-European enforcement investigation has shown that it has real teeth and can deliver. The next step is an industry-wide agreement, and we will continue to monitor developments in the sector closely," the commissioner added. 

"People need transparent prices, especially in these hard times. They need to be able to compare offers, shop around and find the best deal," she said. 

EU Transport Commissioner Antonio Tajani said: "Applying full price transparency is an obligation under the air services regulation. It is a duty for airlines to impose high standards across the industry." 

Hailing the EU executive's work, Danish Consumer Ombudsman Henrik Øe said "it is very important that the Commission is involved in proceedings, because it helps put pressure on airlines to change". 

"It is ridiculous and unacceptable that prices exclude taxes. Prices should be final right from the beginning," he said. 

"Naming the companies is very important. We had several airlines call this morning, trying to avoid being put on the list. But the courts are of course a better tool. We will have to take legal action against some companies, yet cross-border cases are very complicated," Øe added. 

"We consider that the content and presentation of our online booking sites comply with almost all the applicable legal obligations to provide consumer information," read a statement  by Air France-KLM. 

Highlighting their ongoing commitment to complying with EU law and offering consumers the best possible service, the airlines stressed that they were "naturally in contact with the European Commission deparments concerned in order to remove any ambiguity on the best way in which to apply these regulations". 

Janis Vanags, vice-president for corporate communications at airBaltic, told the New York Times that his company would remove pre-checked boxes from its website "as soon as other airlines do the same". "So far we have not seen it as widespread practice to remove them," he added. 

Welcoming the EU's move, Rochelle Turner of UK consumer organisation Which? told the New York Times that she had doubts about the classification process. "I think it would tell the consumer more if the Commission would say which companies are not operating within the law and what action will be taken," she said.