The European Commission has launched a public consultation on Air Passenger Rights.
Regulation (EC) 261/2004 set a minimum quality standard to protect passengers in the event of denied boarding, long delay, cancellations and downgrading. The current consultation, which closes on 11 March 2012, is all about modernising this Regulation, because of the significant developments in the air passenger market since it was introduced.
These changes include rapid traffic growth, with new routes and airlines offering a wider choice to consumers; case law, particularly concerning financial compensation for long delays; and the serious financial costs to the sector in critical situations such as the 2010 volcanic ash crisis.
The European Commission said that passengers’ rights in cases of traffic disruption or damage/loss to their baggage don’t appear to be well-enough protected.
It said: “Passengers also sometimes find themselves in situations which are not covered by regulatory measures or, when they do, the air carriers often do not respect their rights and the passengers have limited possibilities to enforce their rights and to obtain redress.
“Air carriers, on the other hand, complain about the economic burden and the legal uncertainty resulting from passenger rights’ regulations, especially in exceptional circumstances where the disruption is not the responsibility of the air carrier.
“Competition in the internal air transport market may also be distorted if not all the air carriers face the same burden due to divergent interpretations of the rules or divergent enforcement across Member States.”