Air Passenger Rights: - European Commission - Europa

Regulation 261/2004 related
recommendations
• Large sections of EU Regulation 261/2004
should be more clearly defined and simplified
where possible.
• Delays of over 24 hours should be defined as
a cancellation within the Regulation.
• In the event of delay, and where an air carrier
does not provide refreshments and assistance
as laid down in 261/2004, there should be a
penalty payment levied on the carrier by the
Enforcement Body to prevent some air carriers
trying to avoid their obligations; for example,
by asking passengers to write in with receipts
to claim payment.
• Article 14 of the Regulation imparts an
obligation on air carriers to inform passengers
of their rights in terms of a notice at checkin
and to give individual notices to passengers
in the event of cancellation/delay or denied
boarding. ECC experience is that this is not
happening consistently, and yet no action is
being taken against the air carriers. Penalty
fines against the air carriers who breach this
Regulation might encourage greater
compliance with the law.
• The Enforcement Bodies designated under
the Regulation should be placed in a
position to investigate claims of “exceptional
circumstances” and weigh up the evidence.
In doing so a body of case law or decisions
would be built up, which would provide some
guidance on the interpretation of the
Regulation, and provide increased clarity for
the air passenger and adviser.
• Air passengers with a complaint are being
referred from one country’s named enforcement
body to another without any of them
taking responsibility for investigating claims.
There needs to be agreement between the
various designated enforcement bodies in
relation to their jurisdiction. If this cannot be
agreed between them the Commission should
be asked to map the coverage to ensure that
air passengers are protected.
• Member States have designated that a body
should be authorised to be responsible for
the enforcement of the Regulation, but it
does not appear that all Member States have
ensured that each body has the resources
required to perform its responsibilities
adequately. As a result passengers are being
effectively disenfranchised.
• Under Article 16 of the Regulation, “the
sanctions laid down by Member States for
infringements of this Regulation shall be
effective, proportionate and dissuasive”.
We are not aware of any body of sanctions
against air carriers which meets this aim,
but there is considerable body of evidence
of problems experienced by air passengers
who have no means to seek resolution.
• That claims for damages/expenses linked
to delay, cancellation or denied boarding be
brought within the EU Regulation.
• That work be carried out to investigate the
links and synergies between the Montreal
Convention and EU Regulation 261/2004.
• That the designated Member State body
responsible for the enforcement of 261/2004
also be given the power to investigate claims
for damages/expenses, subject to their being
given the resources adequately to undertake
this additional task.
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