EU Air Passenger Rights

Similar documents
9820/1/14 REV 1 GL/kl 1 DGE 2 A

The European Commission's Proposal to Amend EU Regulation 261/2004. by Arpad Szakal

Air Passengers Rights

Summary of stakeholder consultation on the possible revision of Regulation 261/2004

Air Passenger Rights Revision - Frequently Asked Questions

Your Rights. Our Mission.

Audit brief. Passenger rights in the EU

7615/13 ADD 2 GL/ne 1 DG E 2 A

P7_TA(2014)0092 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights ***I

A Europe for all passengers

ADR In the Aviation Sector and the Sector of Tour Operators

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

ECC-Net involvement in Air Passenger Rights. Bianca Schulz, ECC France Stakeholder conference on Air Passenger Rights, Brussels, 30 May 2012

Functioning and application of established rights of people travelling by air

European Economic and Social Committee OPINION

Changes in passenger rights

7615/13 GL/ne 1 DG E 2 A

COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT. Accompanying the document

IATA LEGAL SYMPOSIUM February 2011 Vancouver, Canada. EU Passenger Rights Update

Passenger Rights Complaints in 2015

Consumer Protection Workshop. Brasilia, 25 August 2016

Annual Report. 1. The number of domestic disputes and cross-border disputes the ADR entity has received:

Official Journal of the European Union L 46/1. (Acts whose publication is obligatory)

COUNCIL OF THE EUROPEAN UNION. Brussels, 26 May 2014 (OR. en) 9820/14 ADD 1 REV 1. Interinstitutional File: 2013/0072 (COD)

Report on Air Passenger Rights Complaints for the period 1 st January to 30 th June th December 2011

Ontology-Driven Legal Support-System in the Air Transport Passenger Domain

CIVIL AVIATION REQUIREMENT SECTION 3 AIR TRANSPORT SERIES X PART I 1 June, 2008 Effective : FORTHWITH

The Regulation Works! An analysis of the Impact Assessment On Proposal for the Amendment of Regulation 261/2004 on Air Passengers Rights

AIR PASSENGER RIGHTS EU COMPLAINT FORM

Regulation 261/2004 denied boarding, cancellation and delay. Italian experience

ECC-Net Air Passenger Rights Report 2015

NEW CASES IN THE COURT OF JUSTICE OF THE EUROPEAN UNION ON AIR PASSENGER RIGHTS

THE DIFFERENCE BETWEEN CANCELLATION AND LONG DELAY UNDER EU REGULATION 261/2004

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Alternative Dispute Resolution

AMENDMENTS EN United in diversity EN 2013/0072(COD) Draft report Georges Bach (PE v02-00)

Brussels, C(2016) 3502 final COMMISSION NOTICE

Report on Air Passenger Rights Complaints for the period 1 st January to 30 th June th October 2009

APRA RECCOMENDATIONS ON

Implementation at National level. Laura Fiumara Gent, 4 July 2018

ICAO REGIONAL FACILITATION SEMINAR

Bas Jacob Adriaan Krijgsman v Surinaamse Luchtvaart Maatschappij NV (Case C-302/16)

Report on Passenger Rights Complaints for year ended 31 st December th December 2011

GHANA CIVIL AVIATION (ECONOMIC)

PEOPIL & McGILL CONFERENCE

REVISION OF REG. 1371/2007 ON RAIL PASSENGERS RIGHTS AND OBLIGATIONS: THE POSITION OF PUBLIC TRANSPORT OPERATORS AND ORGANISING AUTHORITIES

Maritime Passenger Rights

RECOMMENDATION ECAC/16-1 AIR CARRIERS LIABILITY WITH RESPECT TO PASSENGERS

Trains, planes, cars and boats. What you should know

IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.

General Authority of Civil Aviation (GACA) Customer Protection Rights Regulation

Your essential guide to air travel

JUDGMENT OF THE COURT (Eighth Chamber) 7 September 2017 (*)

IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.

Passenger rights in context of European Parliament

Interpretation of Force Majeure

Dott.ssa Benedetta Valenti

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

LJN: BN2126,Subdistrict section Court in Haarlem, / CV EXPL

AIRPORT VOLUNTARY COMMITMENT ON AIR PASSENGER SERVICE

COMMUNICATION FROM THE COMMISSION

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Suggestions for a Revision of Reg 261/2004 Michael Wukoschitz, Austria

CONTRACT OF TRANSPORTATION

Dear Sirs at the Canadian Transportation Agency (CTA),

5 th of September 2013 No 6-25/ PRECEPT No 6-25/

REGULATION (EC) No 1107/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 5 July 2006

International Civil Aviation Organization WORLDWIDE AIR TRANSPORT CONFERENCE (ATCONF) SIXTH MEETING. Montréal, 18 to 22 March 2013

WORLDWIDE AIR TRANSPORT CONFERENCE: CHALLENGES AND OPPORTUNITIES OF LIBERALIZATION. Montreal, 24 to 29 March 2003

Customer Service Plan

COUNCIL OF THE EUROPEAN UNION. Brussels, 2 June 2014 (OR. en) 10171/14 OJ CONS 30 TRANS 282 TELECOM 122 ENER 193 PROVISIONAL AGENDA

We may retain and use the personal information that you transmit to us relating to yourself and members of your party for the purposes of:

PLEASE NOTE THIS DOCUMENT IS DESIGNED TO PROVIDE GUIDANCE AND DOES NOT PURPORT TO BE A LEGAL INTERPRETATION OF THE LAW.

As a disabled person or a person with reduced mobility (PRM), you should be able to enjoy the same opportunities to travel by air as everyone else.

Air Passengers Rights Regulations in US Courts. EU Regulation 261/2004. Ingrid Koning

ACI EUROPE POSITION. A level playing field for European airports the need for revised guidelines on State Aid

operator's guide to passenger rights for regular services longer than 250km

Terms of Transport with the TRAINOSE S.A trains and buses What you need to know when traveling with us

REGULATION (EU) No 1177/2010 COPY FOR FREE CONSULTATION

PARLIAMENTARY DEBATES

MANUAL FREEDOM OF INFORMATION ACTS 1997 TO 2003

Code of Good Conduct in Handling Disabled Persons and Persons with Reduced Mobility Travelling by Air.

EN EU passenger rights are comprehensive but passengers still need to fight for them. Special Report

European Parliament Exchange of Views on Air Passenger Rights

Rules for reimbursement of expenses for delegates attending meetings

General Terms and Conditions (GTC) of Germania Fluggesellschaft mbh ("Germania")

Final Rule, Enhancing Airline Passenger Protections

ADR in the aviation sector a first review

CONTRACT LAW. Module 28 Prof. Ludwig Weber, McGill University

WIZZ AIR HUNGARY LTD. GENERAL CONDITIONS OF CARRIAGE OF PASSENGERS AND BAGGAGE

Summary of the rights of passengers travelling by bus and coach 1

SIAFI Europe 2005 Paris, Passenger Rights: Problems at issue and latest developments (passenger charter, etc.)

Air Cargo Security. Constantin GEORGESCU Faculty of International Business and Economics

General Transport Terms and Conditions

September Past issues IUMI Political Forum

Reports of Cases. JUDGMENT OF THE COURT (Third Chamber) 22 November 2012 *

Passenger's rights in railway transport

ACI EUROPE POSITION PAPER. Airport Slot Allocation

COUNCIL OF THE EUROPEAN UNION. Brussels, 12 March /09 Interinstitutional File: 2009/0042 (COD) AVIATION 41 CODEC 349 PROPOSAL

AIRLINE SCHEME RULES. (Updated July 2017)

Transcription:

EU Air Passenger Rights EU- WACRA Meeting 18 June 2014 Jean-Louis Colson, Head of Unit Passenger Rights Unit DG MOVE European Commission

EU Legal framework Regulation (EC) No 261/2004 on air passenger rights Applies to: cancellation, delay, denied boarding, downgrading Regulation (EC) No 1107/2006 on passengers with reduced mobility (PRMs) and disabled passengers Specific measures to support the travel of PRM Regulation (EC) No 2027/97 on air carrier s liability (as amended by Regulation (EC) No 889/2002) Transposes the Montreal Convention into EU law 2

Why is there a need for revision for 261/2004? There is the need for: fine-tuning the existing rights to ensure these are properly applied and that a balance is ensured between the interests of passengers and the industry 3

What we are proposing 1. Clarify grey areas and close loopholes 2. Simplify complaint handling 3. Better coordinate enforcement policies 4. Ensure a realistic financial cost 4

Thresholds on compensation for delay 3 hours following the Sturgeon ruling Intra-EU: 5 hours. Extra-EU: 5 hours up to 3500km; 9 hours between 3500 and 6000km; 12h beyond 6000km Intra-EU: 3 hours up to 3500km; 5 hours above 3500km. Extra-EU: 3 hours up to 3500km; 5 hours between 3500 and 6000km; 7 hours beyond 6000km Council: Presidency progress report of June 5 hours for all flights less than 1500km and intra-eu of more than 1500km 9 hours between 1500 and 3500km; 12h above 3500km 5

Amounts for compensation Intra-EU: EUR250 up to 1500km, EUR400 beyond 1500km Extra-EU: EUR250 up to 1500km, EUR400 between 1500 and 3500km, EUR600 beyond 3500km unchanged Intra-EU: EUR300 up to 2500km; EUR400 between 2500 and 6000km; EUR600 beyond 6000km. Extra-EU: EUR300 up to 2500km; EUR400 between 2500 and 6000km; EUR600 beyond 6000km Council: Presidency progress report of June EUR250 : all flights of 1500km and Intra-EU between 1500 and 3500km, EUR400: Intra-EU more than 3500km and Extra-EU between 1500 and 3500km; EUR600 : Extra-EU beyond 3500km 6

Missed connecting flights Right to compensation if the passenger reaches the final destination with a delay of more than 3 hours (Folkerts ruling) Right to compensation if the passenger reaches the final destination with a delay of more than 5/9/12 hours Right to compensation if the passenger reaches the final destination with a delay of more than 3/5/7 hours provided the preceding flight had a delay of 90 min at the transfer point Council: Opposition from several delegations to include connecting flights. Presidency still insists on Parliament proposal. 7

Accommodation in extraordinary circumstances No limit Limited to 3 nights at EUR100 per night and per passenger Limited to 5 nights and EUR125 per night and per passenger Council: Last compromise from Presidency Limited to 3 nights and EUR100 per night per passenger if the airline does not provide accomodation. 8

List of extraordinary circumstances Not included Binding non-exhaustive list. Technical issues which arise during the flight are extraordinary. Binding exhaustive list but Commission proposal empowered to add items through delegated acts. Technical issues are almost never extraordinary Council: Presidency progress report Binding not exhaustive list and distinction between acts of Good and technical safety shortcomings 9

Contingency planning Not covered Airports with more than 3 million passengers Airports with more than 1.5 million passengers Council: Last compromise from Presidency Airports with more than 5 million passengers (Member States may lower the threshold for their airports to 3 million) 10

Not covered No show policy Partial ban of no-show policy for return tickets only Partial ban of no-show policy for return tickets only Council: Deleted in the Presidency progress report of June 11

Liability for mobility equipment Limited by the liability limits of the Montreal Convention except if the passenger makes a special declaration which lifts the limit to the declared value Special declaration has to be provided free of charge Special declaration has to be provided free of charge Council: Special declaration may be charged 12

Enforcement NEBs in charge of sanctioning, no formal coordination NEBs in charge of sanctioning; formal coordination from a Committee that may prepare recommendations, reporting requierments NEBs in charge of sanctioning; formal coordination from a Committee that may prepare recommendations Council: Better information exhange and coordination 13

Complaint handling by airlines Not mentioned Airlines must publish complaint-handling procedures and addresses and respond within 2 months Airlines must publish complaint-handling procedures and addresses and respond within 2 months Council: Airlines must publish complaint-handling procedures and addresses and respond within 2 months 14

Out-of-Court dispute resolution Not included Passenger may turn to out-of-court dispute resolution along the lines of the ADR Directive. These bodies will cooperate and exchange information with NEBs Out-of-Court dispute bodies should be different from NEBs. Airlines are obliged to participate in the ADR system. Council: Disputes reagarding monetary redress to be handled by out-ofcourt resolution bodies 15

Baggage-enforcement No enforcement NEB also responsible for baggage rules NEB also responsible for baggage rules Council: No enforcement 16

Timeline for adoption The European Commission made the proposal for the revision on 13 March 2013. First reading of European Parliament adopted on 5 February 2014. Progress report (the second one)presented by the Greek Presidency on 5 June 2014. Italy will have the Council rotating Presidency starting with 1 July 2014. 17