THE ESSENTIALITY OF A LARGE HAND LUGGAGE 375 The Code states that omitted information must be relevant48. The concept of relevance, as subjective, must be always compared to the circumstances and, in particular, to the information needs of the average consumer so that they can make an informed decision of a commercial nature49. In determining whether the omission of clear information on the additional price of large hand baggage can be considered more or less relevant, it is sufficient to refer to paragraph 4 of the same article which, in relation to the invitation to purchase, specifies that they are considered relevant (therefore without the need for measuring the circumstances): the main characteristics of the product to an adequate extent with respect to the means of communication and the product itself; “(...) the price including taxes or, if the nature of the product entails the impossibility of reasonably calculating the price in advance, the methods of calculation of the price and, if necessary, all additional shipping, delivery or postal charges or, if such costs cannot be reasonably calculated in advance, the indication that these costs may be charged to the consumer”50. In any event, the information requirements under European law relating to commercial communications, including advertising or marketing of the product, are considered to be always relevant. In the cases under consideration, the completeness of information regarding the price/fare of the flight would include transporting large hand luggage, if this service is considered essential (as Authority does), separating the cost of it from the total amount, to make it subsequently the object of a separate sale, involves a violation of Article 22 concerning omissions on the price, and therefore a lack of transparency and a violation of Article 20, which establishes the general rule of misleading. It is also a violation of Article 21 paragraph 1 letters b) and d) where the commercial practice contains information that does not correspond to the truth, suitable to mislead the consumer with regard to the main characteristics of the product/service or the price or the way it is calculated or the existence of a specific price. 48 On the subject of omissions, see: A. Fachechi, Pratiche commerciali scorrette e rimedi negoziali (Unfair commercial practices and negotiated remedies), Neaples, 2012; A. Fachechi, La pubblicità, le pratiche commerciali e le altre comunicazioni (Advertising, business practices and other communications), in G. Recinto, L. Mezzasoma & S. Cherti (ed.), Diritti e tutele dei consumatori (Consumer rights and protections), Neaples, 2014. 49 Subject “normally informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors”. See Court of Justice 10/11/1982, C-261/81, in Racc., 1983, I-3961; Court of Justice 18/05/1993, C-126/91, in Racc., 1993, I-2361; Court of Justice 06/07/1995, C-470/95, in Racc., 1995, I-1923. 50 On the discipline of price transparency, see: A. Masutti, Il diritto aeronautico (The Aeronautical Law), Tourin, 2009, pp. 1777 et seq; D. Bocchese, La rifusione della disciplina comunitaria sulla prestazione dei servizi aerei (The recasting of the Community legislation on the provision of air services), in Dir. Trasp., 2009, pp. 342 et seq; G. Rasi, I supplementi di prezzi opzionali per prestazioni offerte da persone diverse dal vettore aereo (The optional price supplements for services offered by people other than the air carrier), in Dir. Trasp., 2013, pp. 177 et seq.
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