Feb 26 • 13:23 UTC 🇵🇱 Poland Rzeczpospolita

Broker commissions as an element of price. Landmark ruling by the CJEU

A recent CJEU ruling affecting KLM's ticket refund policies may have significant implications for Polish companies working with intermediaries.

The ruling from the Court of Justice of the European Union (CJEU) on January 15, 2026, addresses the case involving the Dutch carrier KLM and the issue of ticket refunds. While centered on air passenger rights, the decision introduces a new interpretation of cost reimbursement that could extend far beyond the aviation sector. This landmark verdict raises crucial questions about whether commissions charged by brokers should also be refundable when a transaction is cancelled.

The implications of this ruling could be profound for thousands of Polish companies that rely on intermediaries in their operations. If Polish courts adopt this reasoning, it could lead to a significant shift in the way returns and refunds are handled across various sectors, especially in e-commerce. Businesses must prepare for a landscape where customer rights regarding refunds may expand, affecting practices in online marketplaces like Allegro and Amazon.

Legal experts are now contemplating how this ruling might reshape other industries, potentially leading to stronger consumer protections not just in travel but in all areas where intermediaries play a role. As discussions evolve, stakeholders in both the airline and broader e-commerce sectors will be closely watching how Polish courts interpret and implement this ruling in their jurisdictions.

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