Hidden fees
European Union — air fare all-inclusive pricing, Regulation (EC) No 1008/2008 art. 23
European Union, EEA and Switzerland — air services
- Rule id
- fees.eu-air
- Version
- 1.0.0
- In force from
- November 1, 2008
- Last read against its sources
- August 5, 2026
- Countries bound
- 31 countries
In plain language
What this regime says.
Article 23 of Regulation (EC) No 1008/2008 requires the final all-inclusive air fare to be shown at all times, itemised into fare, taxes, airport charges and other charges, with optional supplements offered strictly on an opt-in basis. It is the strongest fee-transparency rule in consumer law and it is badly underused.
Who is covered
Anyone buying air services operated from, to or within the EU, and in the EEA and Switzerland by agreement, from a carrier or an agent.
What you get
The charge that should have been inside the advertised fare, reimbursement of any pre-selected optional supplement, and a free complaint to the national enforcement body.
Where claims go wrong
- Accepting "the total was right at the end". Air Berlin holds that the final price must be shown from the first indication of prices, including in search results.
- Accepting the airline's label of a charge as optional. The test is whether it is unavoidable in fact.
- Not claiming pre-selected extras back separately under CRD art. 22.
- Not complaining to the national enforcement body, which enforces article 23 and does impose penalties.
Authority
Every citation,
with its pinpoint.
- Regulation (EC) No 1008/2008, art. 23(1)Regulation (EC) No 1008/2008 on common rules for the operation of air services in the CommunityURL verified 2026-08-05art. 23(1) — the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. In addition to the final price, at least the air fare or rate, taxes, airport charges and other charges, surcharges or fees such as those related to security or fuel shall be specified where they have been added. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an "opt-in" basis
- Air Berlin plc & Co Luftverkehrs KG v Bundesverband der Verbraucherzentralen (C-573/13)Court of Justice of the European UnionURL verified 2026-08-05The final price must be indicated for each air service whose fare is shown, and not only for the service ultimately selected — including in a table of results produced by an electronic booking system, and from the moment prices for specific flights are first indicated
- ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen (C-112/11)Court of Justice of the European UnionURL verified 2026-08-05"Optional price supplements" in art. 23(1) covers costs connected with the air travel service that are not unavoidable, including those for a service supplied by a third party such as travel cancellation insurance sold through the booking process — which must therefore be offered on an opt-in basis
- Vueling Airlines SA v Instituto Galego de Consumo (C-487/12)Court of Justice of the European UnionURL verified 2026-08-05The price of transporting checked baggage may be treated as an optional price supplement, since the service can be provided without it; but the carriage of items of hand baggage is in principle an essential element of carriage and may not as a general rule be made subject to a price supplement
Sources
Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.
- Your Europe — prices, payments and consumer rightsEuropean Unionretrieved 2026-08-05
- European Consumer Centres Network (ECC-Net)European Commissionretrieved 2026-08-05
What it imposes
Clocks, defences and the ladder.
Documents
What this regime can produce.
The same claim type elsewhere
Other rights in the same countries
Does this one reach your facts?
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