New guidelines adopted this week are aiming to clarify the existing rules and facilitate their application, for the benefit of travellers and businesses.
EU Commissioner for Transport Violeta Bulc said: “Transport is first and foremost about people, and I am proud that the EU protects its passengers across all forms of transport.
“The guidelines published today will bring further clarity and legal certainty to ensure that the rules are applied properly. All EU citizens travelling by plane should receive the level of protection they are entitled to.”
The EU’s Air Passenger Rights legislation is considered to be among the most advanced in the world, offering a high degree of protection against unforeseen circumstances to people travelling by plane to and from the EU.
A number of judgements of the Court of Justice of the European Union (CJEU) have, however, affected the content and scope of the legislation since it entered into force in 2005.
The EU decided as a result that a clarification was therefore needed for travellers, airlines, and the national authorities, which are in charge of making sure the rules are properly applied at national level.
The renewed guidelines summarise the existing case law and consolidate all ongoing practices. Of particular relevance are compensation for a delay and the right to compensation after a delay of three hours at the final destination.
Compensation for a missed connecting flight is also listed, such as the right to compensation in case of a long delay on arrival due to missed connecting flights.
Extraordinary circumstances are also taken into account, including various situations such as technical defects linked to the premature malfunction of certain components of an aircraft or aircraft collisions with other aircraft/devices whereby airlines cannot be exempted from the payment of compensation in case of a cancellation and delay.
The guidelines will apply pending the adoption and entry into force of the new air passenger legislation proposed by the Commission in 2013.