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European Hoteliers Launch Joint Legal Battle Against Booking.com Over Prices

By  |  June 1, 2025

A coordinated legal action against Booking.com is gaining momentum across Europe as hotel industry leaders seek financial redress over longstanding contract terms they claim have restricted competition and caused significant financial harm.

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    Per a statement from the Spanish Confederation of Hotels and Tourist Accommodation (Cehat), a member of the European hospitality association Hotrec, preparations are underway to pursue legal action against the online travel platform for enforcing price parity clauses. These clauses, which prevent hotels from offering lower prices on their own websites than those listed on Booking.com, have drawn sharp criticism from the hospitality sector.

    This European-wide legal initiative follows a pivotal judgment issued by the Court of Justice of the European Union (CJEU) on September 19, 2024. According to a statement from Cehat, the ruling confirmed that such parity clauses contravene EU competition law. Hoteliers contend that the decision entitles them to seek reimbursement for commissions paid to Booking.com from as far back as 2004, as well as compensation for economic losses incurred due to restricted direct sales.

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    Cehat has formalized its involvement in the effort by signing a collaboration agreement with Spanish law firm CCS Abogados. The firm will represent Spanish hotels in claiming damages against Booking.com BV, the Dutch-based subsidiary of the U.S. group. These legal proceedings will be aligned with similar claims across other Hotrec-affiliated countries in Europe, as part of what Cehat describes as a “historic” joint legal offensive.

    Related: Swiss Regulator Orders Booking.com to Slash Hotel Commission Rates by Nearly 25%

    CCS Abogados will coordinate closely with German legal firm SGP Schneider Geiwitz, which is leading the pan-European legal strategy. SGP, a longstanding opponent of Booking’s contractual terms, has litigated against the platform in multiple jurisdictions since 2013. Notably, it secured a win in 2021 on behalf of the German hotel association and 2,000 hotels in a case against Booking.com.

    Despite the growing legal pressure, Booking.com maintains its stance. Representatives of the platform in Spain argue that interpretations of the CJEU ruling are “incorrect and misleading.” According to the company, Hotrec has no grounds to claim compensation, asserting that the ruling pertains only to a dispute involving German hotels and that final decisions rest with the Amsterdam district court.

    “The CJEU judgment specifically refers to questions raised by the Amsterdam district court in relation to a dispute between Booking.com and certain German hotels,” Booking stated, emphasizing that the decision does not rule on the broader legality or competitive impact of parity clauses across Europe.

    This continental legal mobilization also follows national developments. In Spain, the National Commission on Markets and Competition (CNMC) levied a record €413 million fine against Booking.com in 2023 for abusing its dominant market position. The fine was appealed by Booking.com before the National High Court, which in March approved a precautionary suspension of the penalty while the appeal process continues.

    Source: Surin English