Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-11/cp200147en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 147/20

Luxembourg, 24 November 2020

Judgment in Case C-59/19

Wikingerhof GmbH & Co. KG v Booking.com BV

A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position

Even though the practices which are thus the subject of complaint are implemented within the context of a contractual relationship, the rule of special jurisdiction in matters relating to tort, delict or quasi-delict laid down in the Brussels Ia Regulation is applicable to them

Wikingerhof GmbH & Co. KG, a company governed by German law operating a hotel in Germany, concluded, in 2009, a contract with Booking.com BV, a company governed by Netherlands law which has its seat in the Netherlands and operates an accommodation booking platform. That contract was a standard form contract provided by Booking.com which stated, inter alia, the 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. 

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