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EASA Study on the current level of protection of air passenger rights in the EU

EASA Study on the current level of protection of air passenger rights in the EU




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Date : Sunday, May 17, 2020 | Release : Sunday, May 17, 2020
Size : 8 mb | Author : EASA

EASA Study on the current level of protection of air passenger rights in the EU

Final Report

Issued: January 2020



Introduction


This report for DG MOVE has been prepared by Steer with support from Clyde & Co.

Background

The liberalisation of the European air transport market has generated significant benefits for consumers: a wider choice of air services and intense price competition between air carriers which has resulted in significantly lower fares. To limit any potential negative impacts that this might have on the quality of service delivered to air passengers and consumers, a number of measures have been taken at European Union (EU)-level to protect them.

The EU has established, in 2011, a set of passenger rights rules in all transport modes3. The rules on passenger rights provide minimum protection for passengers and are based on three cornerstones: non-discrimination; accurate, timely and accessible information, immediate and proportionate assistance.

In air transport, these rights are protected by different legislative texts, among which:

• Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;

• Regulation (EC) 1107/2006 concerning the right of disabled persons with reduced mobility when travelling by air;

• Regulation (EC) 889/2002 on air carrier liability in the event of accidents; and

• Regulation (EC) 1008/2008 on common rules for the operation of air services in the Community;

• Directive 2015/2032, the “Package Travel Directive”;

• Regulation (EC) 2017/2394 on Consumer Protection Cooperation (CPC);

• Regulation (EC) 2005/2111 on the establishment of a Community list of air carriers subject to an operating ban.


The most significant of these, Regulation (EC) 261/2004, introduced rules on compensation
and assistance in the event of denied boarding, cancellations, long delays and involuntary
downgrading. The Regulation requires air carriers to:

• Provide passengers with assistance, such as hotel accommodation, refreshments and

telephone calls;

• Offer re-routing and refunds;

• Under certain circumstances, pay compensation of up to €600 per passenger; and

• Proactively inform passengers about their rights under the Regulation.



Airlines’ and airports’ perspective on air passenger rights


Introduction

As introduced at the start of this report, the liberalisation of the European air transport market has generated significant benefits for consumers: a wider choice of air services and intense price competition between air carriers which has resulted in significantly lower fares and strong market growth. To limit any potential negative impacts that this might have on the quality of service delivered to air passengers and consumers, a number of measures have been taken at European Union-level to protect them.

As well as protecting passengers, these measures were expected to contribute to an improvement in the quality of service that European airlines provide to their customers and make the airlines more competitive53. The clear definition of responsibilities between airlines (e.g. for care and assistance due to passengers affected by disruption) and airports (e.g. for the provision of PRM services) was also meant to contribute to a level playing field across the EU and more uniform minimum quality standards, while supporting passenger confidence across the EU aviation market.

rational stakeholders (i.e. airlines and airports) on the implementation of air passenger rights. Key to this section are the contributions of airlines, airports and their representative associations through the stakeholder consultation. As indicated in Appendix A, the responsiveness of airlines has been relatively good on the policy issues, however, while some airlines provided detailed insights and data to support the

analysis, others provided very little or no detailed information. The responsiveness of airports was relatively low, which reflects the fact that they have limited exposure to Regulation 261/2004 and that issues emerging from Regulation 1107/2006 are not as prevalent.



This section focuses on the perspective of operational stakeholders (i.e. airlines and airports) on the implementation of air passenger rights. Key to this section are the contributions of airlines, airports and their representative associations through the stakeholder consultation. As indicated in Appendix A, the responsiveness of airlines has been relatively good on the policy issues, however, while some airlines provided detailed insights and data to support the analysis, others provided very little or no detailed information. The responsiveness of airports was relatively low, which reflects the fact that they have limited exposure to Regulation 261/2004 and that issues emerging from Regulation 1107/2006 are not as prevalent.


EASA Study on the current level of protection of air passenger rights in the EU :: Member's Comment


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