A real showdown is likely to start in the coming months in Brussels. After more than two years tormented by the pandemic and a summer of 2022 still largely unsettled, airlines are once again bringing the issue of compensation to passengers who are victims of flight delays back on the table. The Politico media thus indicates that the Czech presidency of the Council of the European Union has opened the door to a resumption of discussions with a view to revising the regulation.
For nearly two decades, compensation for a European flight delayed by more than three hours has fluctuated between €250 and €600. An amount that airlines consider in most cases too high compared to the initial price of the ticket but also to the effective impact of the delay on the passenger’s journey.
Steven Berger, a lawyer for the European Consumer Bureau, refutes this argument: “If you go from Lithuania to Portugal for 30 euros and you are stuck there for two days, is it fair to receive only a few euros of compensation? We must maintain the level of compensation ”.
A Vagueness Around Extraordinary Circumstances
Almost ten years ago, the European Commission had already presented a proposal to increase the delay threshold considered to five hours and give concrete examples of extraordinary circumstances that would exempt airlines. Today a vagueness persists around this criterion of extraordinary circumstances.
In fact, the original rules have been constantly refined by an increasing number of cases being resolved in court, or even before the Court of Justice of the European Union. “The substantive provisions need to be clear, unambiguous so that the result in most cases is pretty obvious,” said Harry Snook, global head of aviation at Oracle Solicitors in Belfast. able to read and understand the law without being a lawyer”.
Airlines at fault?
In the eyes of consumer associations, the increase in cases before the courts is mainly linked to airline defaults. “If they respected passenger rights, there would be no market for that,” insists Steven Berger. “They say we have aggressive business practices. What they mean is we warn passengers of their rights,” adds Patrick Gibbels, who runs Gibbels Public Affairs consultancy, which specializes in prosecuting airline claims.
Sensitive to the rights of European passengers, but also to the activity of airlines, EU decision makers expect clear explanations from the civil aviation industry on the measures to be reviewed. While the revision project was initiated by the Czech EU presidency, the airlines are also counting on its Swedish successor. “We look forward to working with them as well,” says Thomas Reynaert. We believe that it is a priority for them. In the Nordic countries, consumer rights are very important.
UK could follow Europe’s example
In this case, the click could well happen through the Channel. For many years, the UK has blocked any progress on the regulations due to a dispute with Spain over Gibraltar airport. Now out of the EU, the country is preparing to reform passenger rights in the air sector to determine compensation based on the price of the ticket rather than a fixed reference amount.
Ryanair boss Michael O’Leary hopes the plan will inspire European politicians: “If the UK carries out effective reform, it could put pressure on the European Commission to act. There is hope.”
Source: BFM TV
