Jurídicos y Administrativos

✈️ Aena shares dropped over 6% following the announcement of a new governance model for Catalan airports in the PSC-ERC investiture agreement. Despite a financial gain of €808.6 million in H1, uncertainty surrounding the proposal has negatively impacted the company. The agreement proposes a new Catalonia Airport Management Council (CRAC) to replace the current airport coordination committee (CCA), raising concerns over changes in airport management. Aena's CEO Maurici Lucena plans to monitor the pact's outcomes closely and defend company interests. The deal omits discussions on El Prat airport's third runway expansion and doesn't address the controversial extension of the protected area (ZEPA) around the airport, which could hinder future development.

🛑 Following the presidential elections on July 28, Venezuela has tightened entry controls, particularly for flights from Madrid to Caracas. Airlines such as Iberia, Air Europa, and Plus Ultra are required to send passenger lists at the end of ticket sales to INAC, as per INAC President Leonardo Alberto Briceño's directive, to pre-identify travelers entering Venezuela.

🏖 More than 120,000 vacation homes are affecting the Balearic Islands, an area with a population of one million. The Forum de la Societat Civil, a left-wing group against tourism, proposed 200 measures excluding the regulation of vacation rentals. This critical issue, causing an influx of tourists and rental cars, remains untouched despite its significant impact on the local market.

📌 AEHM and AEDH took action against Booking.com, leading to a CNMC ruling imposing a €413 million fine. The hotel industry sees this as a positive step towards fair competition and transparency. Booking's dominance, handling 70-90% of hotel bookings, was challenged for contract terms that hindered competition and market access. The CNMC now requires Booking to revise its practices and contracts, aligning with new EU directives DMA and DSA, promoting competition and consumer transparency. The AEDH's legal advisor, Javier Zamora, emphasizes the importance of eliminating abusive clauses. The Spanish tourism industry is expected to become more competitive and transparent as a result.

🔓 U.S. Competition authorities fined major chains for influencing platform room prices. Booking.com, leveraging its strong Google positioning, imposed price parity in Europe. A late 2020 ruling allowed hoteliers to sue Booking.com in their home countries instead of the Netherlands. France and Austria banned unfair hotel clauses. The EU Court's November 2020 decision enabled hotel associations to initiate litigation domestically. Booking.com is contesting the CNMC's first non-firm sanction for alleged anti-competitive practices but has agreed to certain changes demanded by hoteliers, including the elimination of the "narrow parity clause," adherence to Spanish contract versions, and the use of national courts for disputes. Despite this, Booking.com is deemed essential for Europe's tourism ecosystem, especially for SMEs, offering hotels global market positioning at competitive costs.

🏖️ Venecia limitará grupos de turistas a 25 personas y prohibirá uso de altavoces a partir de este jueves, medida aprobada el 1 de febrero. Excepciones para grupos estudiantiles y explicaciones en embarcaciones. Inició cobro de peaje de 5 euros el 25 de abril, recaudando 2,25 millones de euros de unos 450,000 turistas hasta el 14 de julio. La ciudad considera aumentar tasa a 10 euros para 2025 con tarifa básica de 3 euros si se reserva con antelación.

🛈 CEHAT and travel agencies oppose the Royal Decree 933/2021 effective October 1, requiring traveler registration in tourist accommodations. The decree is deemed “impossible to comply with,” potentially causing “chaos” and data protection issues. Over 70% of lodging companies are small and medium-sized businesses unable to ensure adequate cybersecurity for collected data. CEHAT seeks a meeting with the Secretary of State or Minister Grande-Marlaska but has not received a response, leading to legal action to prevent its application.

🛫 ACAVe, CEAV, FETAVE, and UNAV have urged the Spanish Ministry of Interior to exclude travel agencies from the scope of Royal Decree 933/2021, which requires them to report clients' accommodation and car rental data, payment methods, and personal details from October. A Ministerial Order is needed to limit the rule's application, as travel agencies face excessive workload and technical issues with the ministry's data reporting platform. The Ministry refused to extend the October 1st adaptation deadline but will review the organizations' claims.

💸 Spain's CNMC fined Booking.com €413 million on July 30, 2024, for abusing its dominant position and breaching competition laws. Booking's market share in Spain ranged from 70% to 90% during the investigation period. The fine addresses two continuous infringements: imposing unfair commercial conditions on Spanish hotels and restricting competition for other online travel agencies. Booking.com, which plans to appeal, had previously set aside $530 million in its 2023 accounts for an anticipated CNMC decision. The fine comprises two penalties of €206.62 million each. The CNMC also imposed behavioral obligations on Booking.com to prevent future similar conduct.

💸 Booking.com has been fined €413 million by Spain's CNMC for abusing its dominant position, violating Competition Law articles and EU Treaty provisions. The initial fine was €486 million, reduced after appeals. The fine splits into two penalties of €206.620 million for each infringement related to unfair commercial conditions on Spanish hotels and competition restriction. The CNMC also mandates behavior obligations to prevent future violations. Booking can appeal within two months to the National High Court. The CNMC initiated proceedings in October 2022.