Judicial pressure on Booking: Discussion opens on lawsuits in Greece as well – Giannis Kel
Source: Tornos News
Attorney Giannis Kelemenis (photo below) analyzes, in an interview with TN, the significance of the decision of the German Court, its impact on Booking’s commercial practices, and the possibility of lawsuits by Greek hoteliers.
Turbulence prevails in the Greek tourism market following yet another decision—this time by a German court—regarding the legality of the best-price clauses imposed by Booking.com for years. Tornosnews reported on the decision on December 16. For its part, Booking states that it is “satisfied” with the outcome. In response to the reasonable question “what is actually happening,” we sought the help of a well-known lawyer with many years of experience in the tourism sector, Mr. Giannis Kelemenis, who analyzed the case for TN.
What is the significance of the recent decision of the Berlin court for Booking’s commercial practices?
The decision of the 2nd Regional Court of Berlin, following a lawsuit by 1,288 plaintiffs (as a rule, accommodation managers) against Booking.com, is of particular importance. It concerns the commercial/economic terms of cooperation between Booking and its providers. It was held that Booking’s economic terms regarding its requirement for the “best price” are abusive and violate free competition law. The German Court, recognizing the abusiveness of the terms, ruled that both the Dutch Booking.com B.V. and its German subsidiary caused damage to providers. However, the claim for the refund of commissions paid to Booking was not upheld for procedural (rather than substantive) reasons. The decision follows a previous ruling of the German Federal Court in May 2021, which had ordered the deletion of the relevant commercial terms, again due to a violation of competition law.
Booking says it is satisfied. Is this satisfaction justified?
No. The recent decision confirms that Booking’s commercial practice regarding the definition of the “best price” is unlawful, restricts competition, and gives rise to a claim for compensation by accommodation managers. The Court may not ultimately have awarded the refund of commissions paid to Booking for reasons mainly related to the specificity of the claim, but that is not the critical point. What matters is that Booking’s pricing policy and the way it is imposed on providers were once again found to be abusive—this time within the framework of the so-called “broad best price.” The broad best price was Booking’s maneuver after the ban on the “narrow best price” by the German Federal Cartel Office in 2015 and the aforementioned decision of the Federal Court in May 2021. Essentially, it was ruled that even Booking’s “solution” in response to the ban on the narrow best price is not lawful.
What comes next?
This decision is one among several rulings and proceedings against Booking and adds to them. Let me remind you that various complaints have been pending before the Greek Competition Commission since 2022, as well as more recent ones (within 2025), which have not been closed, although they should have been. Booking’s market shares in the relevant markets are so large that the issue of abuse of a dominant position has become critical. I believe that the recent decision will be taken into account by the Competition Commission, along with others—let us not forget that various decisions against Booking have accumulated, from the CJEU (Court of Justice of the European Union) to national courts and competition authorities (such as Spain’s, where a fine of hundreds of millions of euros was imposed) in various Member States. A decision is expected soon from a Dutch court, before which thousands of hoteliers and hotel associations have brought claims similar to those recently examined by the German court.
Attorney Giannis Kelemenis
Would a lawsuit before Greek courts have a legal basis, and could such decisions be used legally in a potential lawsuit by Greek hoteliers?
Yes, it would have a legal basis. The proceedings before the Competition Commission are important, but they do not concern compensation claims that Greek hoteliers could raise. Administrative sanctions against Booking are one thing; compensation claims by hoteliers are another. Obviously, a “condemnatory” decision by the Competition Commission would support civil claims, but it is not a prerequisite. The difficulty is mainly procedural—namely, how the damage will be quantified in a procedurally acceptable way so as to be upheld by a Greek court. It must also be proven, again in a procedurally acceptable manner, that there is a causal link between the damage and Booking’s commercial practices. However, these are the same requirements that apply to any “well-structured” lawsuit.
What would you expect Booking to do?
What Booking should do is revise its terms of cooperation and align its practices with competition law. But if it does so, it will essentially undermine its business model and its dominant position. That is why I believe it will try to “hold on” to the existing model for as long as it can, until it is no longer able to do so due to external developments.
More than 10,000 hotels have taken action against Booking.com
At this point, let us recall that, at a European level, more than 10,000 hotels have collectively taken action against Booking.com, seeking compensation for financial losses attributed to parity clauses. In this context, the president of HOTREC, Alexandros Vassilikos, had pointed out that the hotel sector “endured unfair conditions and excessive costs for many years,” emphasizing that this collective legal action constitutes a clear message that abusive practices in the digital market can no longer be taken for granted.
The mass participation of hotel businesses reflects the importance the sector attaches to this judicial path, which goes beyond an individual claim and touches the core of the operating terms of the digital booking market.
Vicky Vamiedaki
The original article: belongs to Tornos News .
