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German Hotel Association Sees Optimism in Greece’s Case Against Booking.com

by Nikos Krinis
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German Hotel Association (IHA) CEO Markus Luthe. Photo © Greek Travel Pages (GTP)

Markus Luthe, Chief Executive Officer of the German Hotel Association (IHA), has extended an invitation to Greek hoteliers to join a collective legal action challenging Booking.com’s controversial use of rate parity clauses. These clauses restrict hotels from offering lower prices on their own websites than on OTA platforms like Booking.com – a dominant player in European hotel reservations

Luthe made the call during the 12th General Assembly of the Hellenic Chamber of Hotels in Athens, following HCH President Alexandros Vassilikos’ announcement that Greek hoteliers are preparing class action lawsuits against the platform. The initiative comes in the wake of a landmark European Court of Justice (ECJ) ruling (Case C-264/23) that found rate parity clauses unnecessary for the economic viability of OTA platforms. This decision has galvanized European hoteliers, who argue that such clauses harm competition and prevent hotels from operating freely.

German Hotel Association (IHA) CEO Markus Luthe. Photo © Greek Travel Pages (GTP)

“This is a game-changer,” Luthe remarked, as he outlined the German case against Booking.com. The case began in 2012 when the IHA filed a complaint with Germany’s Federal Cartel Office (FCO). In 2015, the FCO ruled against Booking.com’s use of both broad and narrow rate parity clauses. Subsequent appeals culminated in 2024 when the ECJ upheld the FCO’s decision, declaring such clauses illegal under EU competition law.

The German case now moves to the Amsterdam Regional Court, where compensation claims will be addressed in spring 2025.

“Booking.com has violated EU competition law, including in Greece, through anti-competitive clauses in its terms for hotels,” Luthe said. “The ECJ ruling confirms that Greek hotels have a valid claim for damage compensation under European law.”

German Hotel Association (IHA) CEO Markus Luthe inviting Greek hoteliers to join the collective legal effort against Booking.com. Photo © Greek Travel Pages (GTP)

A call for Pan-European collaboration

Luthe urged Greek hoteliers to join the collective legal effort: “We encourage you, along with your association and chamber, to take action against Booking.com. The German case provides a strong framework, and by uniting claims across Europe, we can present a robust case in court.”

Optimism for Greek hoteliers

German Hotel Association (IHA) CEO Markus Luthe speaking to GTP Headlines Managing Editor Nikos Krinis on the sidelines of the Hellenic Chamber of Hotels 12th General Assembly in Athens. Photo © Greek Travel Pages (GTP)

In an interview with GTP Headlines, Luthe expressed confidence in the success of the legal effort. “It’s not just lawyers suggesting we have a fair chance of winning—what truly underscores our likelihood of success is the involvement of litigation funders, who are ready to invest their money in this case.”

He explained that while the legal process may take years, progress is evident. “The German case has been ongoing for three years, but momentum has increased thanks to the ECJ ruling. We are now back in the Amsterdam court, and the next hearing in spring 2025 will shift the focus from whether competition laws were breached—which has been established—to quantifying the damages caused and pursuing compensation.”

German Hotel Association (IHA) CEO Markus Luthe and GTP Headlines Managing Editor Nikos Krinis. Photo © Greek Travel Pages (GTP)

Addressing Greek hoteliers, Luthe delivered a message of solidarity and encouragement: “The German case has proven that standing up for your rights is worthwhile. By working together, we can push for fairer market conditions and demand equitable treatment from OTAs.”

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