Air passenger rights
Air passengers are protected by EU rules. A revision of the current rules has been proposed.
Why reform EU air passenger rules?
The existing rules on passenger rights (regulations 261/2004 and 2027/97) have significantly contributed to the protection of passengers in the EU. However, a number of issues have come to light since their adoption.
Some provisions and definitions are unclear, which has led to inconsistencies and the uneven application of the rules. Passengers also often find it hard to exercise their rights, due to poor complaint-handling procedures.
What is the proposed reform about?
The European Commission proposed a reform of current regulations on air passenger rights and the liability of airlines in March 2013.
The proposed changes aim to ensure that air passengers have new and improved rights to information, care and re-routing when they are stranded at the airport. At the same time, better complaint procedures and enforcement measures would be introduced under the changes, so that passengers can actually obtain what they are entitled to. The changes also aim to clarify legal grey areas in the current rules, and introduce some new rights.
In more detail, the Commission proposal attempts to clarify key principles such as:
- 'extraordinary circumstances'
- the right to compensation in case of long delays
- the right to rerouting
- the right to care
- missed connecting flights
- rescheduling
- tarmac delays
- the partial ban of the 'no show' policy
- the right to information
It also attempts to ensure effective and consistent sanctioning and effective handling of individual claims and complaints. It aims to better enforce passenger rights with regard to mishandled baggage, take into account the financial capacities of air carriers and adapt liability limits in accordance with general price inflation.
In 2020, the Commission adopted interpretative guidelines on the air passenger rules to provide guidance to citizens and airlines in the context of the COVID-19 crisis.
In the Council
The Council held a first debate on the proposal at a meeting of the Transport, Telecommunications and Energy Council (TTE) on 10 October 2013. Since then, the proposal has been discussed within the Council several times.
The European Parliament adopted its position on the proposal at first reading on 5 February 2014.
Work on the proposal was put on hold until 2019 due to a number of outstanding issues to be resolved.
In 2019, the Finnish presidency restarted discussions on the proposal. The European Parliament reconfirmed its position.
In early 2020, the Croatian presidency made further progress, putting forward new compromise proposals with the objective of reaching a general approach within the Council.
The Council has not discussed the proposal since 2020.