The German Higher Regional Court of Düsseldorf implicitly applies the essential facilities doctrine in the travel services credit card sector (Royal Bank of Scotland / Lufthansa)

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Higher Regional Court of Düsseldorf, Royal Bank of Scotland / Lufthansa, Case VI - U (Kart) 25/06, 5 December 2007 (German)

In a decision dated 5 December 2007, the Higher Regional Court of Düsseldorf (the Court) ordered Deutsche Lufthansa AG (Lufthansa) to grant the permit to Royal Bank of Scotland plc. (RBS) to list the turnover tax for the travel services supplied by Lufthansa inner-Germany on its credit card statement free of charge. Background The plaintiff, RBS, is a credit card operator which offers its professional customers a travel lodge card for the business travel activities of their employees. The travel lodge card is a business travel card which is lodged with the travel agency for the central booking and billing of all air and train tickets. The professional customer that uses such a travel lodge card may submit the (monthly) credit card statement containing the invoice price of the tickets

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Thorsten Winkler, The German Higher Regional Court of Düsseldorf implicitly applies the essential facilities doctrine in the travel services credit card sector (Royal Bank of Scotland / Lufthansa), 5 December 2007, e-Competitions December 2007, Art. N° 16049

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