The Court of Milan, with decision No. 7825/2013 of June 4, 2013, considered as an abuse of dominant position Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency (OTA).
This ruling is part of a broader European legal dispute between OTAs and Ryanair, whose website’s General Conditions restricted any access for commercial purposes. This policy had the effect of excluding OTAs from intermediating any transaction between Ryanair and its customers.
In this regard, the Court of Milan ruled that Ryanair should allow OTAs to access its database and booking procedures, so that each customer can compare fares on OTA’s websites.
Moreover, the Court stated that the use of Ryanair trademark by an online travel agency is a legitimate descriptive use aimed to identify the carrier.