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Hotels can defend themselves against the abuse of Booking.com's dominant position in their home jurisdiction
Good news for hotels: the Court of Justice of the European Union ("ECJ") in its recent judgment held that hotel operators using the services of Booking.com may defend themselves against Booking.com’s unfair business practices before courts in their home jurisdiction.
What was the said case about? A German hotel sued Booking.com for abuse of dominant position in front of German courts.
In the agreement between Booking.com and the hotels, it was agreed that courts in Amsterdam shall have jurisdiction over all disputes arising from the agreement. The ECJ concluded that any action based on a legal obligation to refrain from abusing a dominant position falls within the scope of tort liability, even though such conduct may have taken place under a contractual relationship. The ECJ thus confirmed the territorial jurisdiction of courts of the Member States within which the hotels using the Booking.com platform have their registered offices.
This case is a landmark judgment for the entire hotel industry, as it allows hotels, that have been affected by the abuse of a dominant position, to gain better access to justice. In addition, the ECJ's reasoning in the judgment can also apply to actions for damages that arise out of the abuse of a dominant position.
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Stewarts
'No one has done as much for me as you,' Eva said.
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."
Livingstone, Tour Operator
Thank you again for your valuable advice. I breathe better when I know who to turn to.
Livingstone, Tour Operator
"Thank you again for your valuable advice. I breathe better when I know who to turn to."
Anders Thorsen Advokatanpartsselskab
It has been an absolute pleasure to work with you.
Anders Thorsen Advokatanpartsselskab
"It has been an absolute pleasure to work with you and your colleagues. Your advice and way of handling the matter and our communication has been of the highest quality and we are very happy with the outcome.
If any of my clients need assistance in matters in the Czech Republic in the future, I know who to recommend."