Air Passenger Rights: - European Commission - Europa

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There are not many cases taken against airlines.
This allows for a narrow application of the Montreal
Convention and Regulation 261/2004 by the
airlines. It also means that there is no body of case
law developing to give guidance in the interpretation
of the law, and provide some clarity for passengers,
airlines and advisers.
Furthermore, there are very limited opportunities
for consumers to use an ADR procedure for their
air travel complaints. This is because relevant
designated ADRs exist in only 8 out of the 27
European countries 18 .
Recommendation
• To undertake the development of effective ADR
bodies in the area of air passenger rights.
• To undertake the development of practical
mechanisms allowing air passengers where
appropriate to take cross-border legal action
against air carriers. The introduction of the
proposed European small claims cross-border
procedure is expected to assist consumers in
this situation, although its exact impact has
yet to be assessed.
• Effective advice and information resources
should be provided to assist consumers with
ADR or cross-border small claims procedures.
The ECC network is the only European-wide
network equipped with the expertise to
provide this service for consumers, and so
it should be ensured that the Network is
properly resourced, both from national and
European sources.
5.7 Connecting flights &
the involvement of
different airlines
ECC’s have received queries from passengers who
have problems in identifying which airline or
National Enforcement Body is responsible with
regard to connecting flights, especially where
different airlines are involved in the transfer.
The Spanish ECC referred a case involving a UK
tour operator and air carrier following the delay of
a flight which led to the incurring of additional
expenses for the client. In trying to resolve the
complaint, the UK ECC was transferred from air
operator to air carrier, with each denying any
responsibility and referring to the other.
This kind of situation was noted by many ECC’s;
“Sometimes two Airlines are involved and both of
them reject their responsibilities”.
ECC Austria had a case involving an Irish low cost
carrier. The consumer booked return tickets from
Salzburg via London to Cork and back via Dublin.
On the return trip, between Dublin and London,
the plane developed an instrument defect and
had to go back to Dublin. Eventually the plane
continued its flight and passengers arrived at
London STN airport ten minutes before their
flight to Salzburg. There was no possibility to
check in: the desk was closed and the consumers
had to book a new flight early next morning.
The cost of changing the tickets was £160. It was
impossible to find two double rooms either at the
airport, or in the surrounding district, so the
consumers had to spend the night in very uncomfortable
seats at the airport. They had to put their
luggage in deposit at a cost of £30 (six pieces) and
18 The 27 countries consist of the 25 Member States plus Norway and Iceland. The designated ADR bodies that can deal with air travel complaints
can be found in : Germany; Spain; Portugal; Norway; Sweden; Denmark; Finland; Iceland. In addition non-designated ADR bodies that can deal with
air travel complaints exist in Austria, Latvia and Italy.