Process - Misleading filters: Flixtrain successful in court
Rail competitor Flixtrain has been successful in court against misleading filter options in an earlier travel information service provided by Deutsche Bahn. The ruling from December 1 was published by the Hamburg Regional Court on Friday. The case concerned a design of the connection search used in 2018 with the preset filter option "Prefer fast connection". The court ruled that this had the effect of certain Flixtrain connections not being displayed, even though they were considered "fast connections" from the customer's point of view and were therefore also expected as a search result.
Competition in relation to the Flixtrain services on the Berlin-Stuttgart and Hamburg-Cologne routes had thus been impeded. According to the ruling, Deutsche Bahn is obliged to pay damages. In order to quantify this, according to the regional court, it must provide information about booking requests during the period in question. The judgment is not final. The unsuccessful party can appeal against the judgment, which would have to be decided by the Hanseatic Higher Regional Court, a court spokesperson added (AZ.: 315 O 262/18).
"The facts in question are historical and have no relevance to our current travel information," a DB spokesperson said. In the proceedings, a design of bahn.de and DB Navigator was objected to, which has no longer been used since spring 2019. "We are now reviewing the judgment and the reasons for the judgment and will then decide whether to appeal."
Flixtrain is a brand of the Munich-based mobility platform Flix. The provider is one of Deutsche Bahn's few competitors.
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- Despite the ruling against Deutsche Bahn, the misleading traffic of information on Flixtrain's fast connections persisted on the Berlin-Stuttgart and Hamburg-Cologne railroad routes, affecting Flixtrain's processes and reducing competitiveness.
- In light of the ruling, Flixtrain, a German railroad competitor operated by the Munich-based company Flix, plans to review the court's decision and assess whether an appeal is necessary.
- In the meantime, Germany's german railroad, Deutsche Bahn, continues to face legal challenges, as a traffic lawyer urged travelers not to discuss incidents with the police in another unrelated case.
Source: www.stern.de
