Air passengers' rights upheld

[Paul]

The European Court of Justice on Tuesday rejected a challenge by the airline industry to European Union rules that require airlines to pay compensation and other benefits to passengers whose flights are canceled or experience significant delays.

The court, which hears cases of importance throughout the EU and is the final avenue of appeal for the airline industry, said in Luxembourg that the rules were valid because they were compatible with international rules on passenger compensation.

The measures require that airlines offer to reimburse tickets or reroute passengers to their final destination if a flight iscanceled. Passengers also have the right to meals, telephone calls and a hotel, depending on the distance of the flight. If a delay is more than five hours, the passenger has the right to ticket reimbursement.

International Herald Tribune

 

[Paul]

....And the airlines says, no we are not...

AIRLINES are planning to exploit loopholes in European rules on compensation for flight delays, cancellations and overbookings despite losing a legal attempt to block them.

The European Court of Justice in Luxembourg has upheld an EU regulation that requires airlines to provide meals, phone calls and hotels during delays and to pay up to £400 in compensation if flights are cancelled. The judges dismissed claims by the International Air Transport Association (IATA) and the European Low Fares Airline Association (ELFAA) that the regulation, which came into force last February, imposed excessive costs on them and contravened the Montreal Convention.

But thousands of passengers whose flights are cancelled each week will continue to be denied any compensation because of weaknesses in the regulation. Airlines have found a loophole which they claim allows them to deny compensation even when a cancellation was caused by a maintenance error by staff.

Article

 

[Paul]

...and the courts say, yes you will...

Airlines lose passenger rights case

The European Court of Justice (ECJ) has thrown out a challenge brought by IATA and Europe’s low-cost airlines against new rules covering passenger rights in cases of denied boarding, cancellations and delays.

The decision was widely expected, given a similar decision by the court’s advocate general late last year. IATA and the European Low Fares Airlines Association had argued that the new regulations, which came into force in February last year, was contrary to the Montreal Convention and, as they were not based on the actual price of the ticket, infringed the principle of proportionality.

The ECJ rejected both arguments, ruling that the Montreal Convention dealt with the conditions in which, after a flight has been delayed, passengers may bring an action for damages, where as the new regulation sets out actual compensation measures. The Court also ruled that the price of the ticket was a matter for the airlines, and should not bear any relation to the compensation for the inconvenience caused.

The ruling brought strong protests from European airlines. “The European Commission is trigger-happy to penalise low-fares airlines when it turns a blind eye to the billions that go into carriers like Alitalia or Olympic Airlines,†says easyJet. The Association of European Airlines said it was “disappointed†at the ruling, regarding it as “fundamentally flawedâ€, setting “unclear and unworkable standardsâ€.

However, with the Commission promising to review the regulations in 2007, commentators point out that the case, although lost, has helped build up pressure on Brussels to amend the rules.

Flight International