As a result of the Judgment of the Court of Justice of the European Union (CJEU) of September 19, 2024, which declared that the parity clauses of the platform infringed EU competition law, European hoteliers have united in a historic joint action against Booking.com.
Over the past 20 years, these parity clauses have placed European hotels at a significant competitive disadvantage. They suppressed price competition between Booking.com and other online platforms, resulting in very high commissions paid by hotels.
In addition, the clauses prevented hotels from offering better prices or availability on their own websites, which limited direct sales and autonomy.
In Spain, to manage this claim, the Spanish Confederation of Hotels and Tourist Accommodation (CEHAT), a member of HOTREC, has signed a Collaboration Agreement with CCS Abogados so that its associated companies can claim against Booking.com BV for the damage caused by the use of these contractual clauses.
Ramón Estalella, Secretary General of CEHAT, has supported this joint European initiative. Spanish hotels can join this initiative to defend their rights and may choose to sue in Spain or the Netherlands. Claims processed in Spain against Booking will be managed in coordination with those processed in Europe. Thousands of European hotels will be able to join this initiative and defend their rights.”
Claims in Spain will be made in a coordinated manner with the claim of the remaining European countries grouped under the European Association HOTREC.
CCS Abogados will manage the claim in collaboration with the German firm SGP Schneider Geiwitz, which coordinates and leads the European action, and which has already litigated against Booking since 2013 in different processes in Germany, the Netherlands, and before the Court of Justice of the European Union (CJEU).
In 2021, SGP sued Booking on behalf of the German Hotel Association and representing 2000 hotel companies, and obtained the successful CJEU Judgment on September 19, 2024.
Under the general principles of European competition law, hotels throughout Europe are entitled to claim compensation from Booking.com for economic losses suffered. Affected hotels can recover a significant portion of the commissions paid to Booking.com in any period between 2004 and 2024, plus interest.
