Airlines for Europe (A4E)’s Post

If you work on issues of air passenger protection or unfair terms in consumer contracts, you may find interesting this blog post on European Law Blog. #AirLaw #ConsumerProtection #EuLaw #CJEU #AirPassengerRights #EU261 #MC99

Passenger rights are a hot topic in the #aviation industry. All #RegionalAirlines want to offer a seamless service to passengers and the regulation governing passenger rights - EU261 - is at the centre of it all.      Did you know that? 🤔   👉 Revision of EU261 has been blocked in the Council since 2013.  👉 20 years (!) since its adoption in 2004, the regulation has been de facto rewritten by the European Court of Justice.  👉 The multitude of EU261 interpretations do not provide neither airlines nor passengers certainty.     What could benefit both passengers and airlines alike? A genuinely level playing field between consumer rights and carriers’ obligations. This means providing a better flying experience for all, and at the same time empowering regional airlines to deliver services year-round. 

New rules are on the horizon for Canadian flight passenger rights in 2025. The proposed changes aim to simplify compensation processes for flight disruptions while balancing passenger protections with those of a competitive air sector. Read more here:

Judgment of the EJC of 29 February 2024, C-11/23 Airline    This decision dealt with the question of whether a prohibition of assignment in air travel conditions violates the Air Passenger Rights Regulation. The case was referred to the ECJ by the Commercial Court of Palma de Mallorca. 1.1 The facts of the case    Six passengers affected by the cancellation of a flight from Santa Cruz (Bolivia) to Madrid (Spain) assigned their compensation claims against Air Europa to Eventmedia. This commercial company asserted its rights before the Palma   isputed Eventmedia's legitimacy as a claimant. The assignment of claims should not be legally effective, because Art. 15 of its General Conditions of Carriage provides for a prohibition of assignment.   The Palma Commercial Court suspended the proceedings and wanted to know from the ECJ whether such a ban on assignment violates the Air Passenger Rights Regulation 261/2004/EC. 1.2 Judgement of 29 February 2024   A prohibition of assignment regulated by general terms and conditions violates Art. 15 of the Air Passenger Rights Regulation 261/2004/EC.   The high level of protection afforded to passengers by the Regulation requires that they also have to be able to assign their rights in order to enforce them. By an assignment the passenger can avoid the difficulties that accompany legal proceedings for passengers who usually are not experienced in court proceedings. These difficulties could deprive the Regulation of its effectiveness.

On October 15, the U.S. Department of Transportation (DOT) announced a historic $4 million penalty against Lufthansa for civil rights violations. The fine, the largest ever issued by DOT for discrimination, stems from an incident in May 2022, where 128 Jewish passengers were denied boarding on a connecting flight from Frankfurt to Budapest based on the alleged misconduct of a few. Key Highlights: - Despite not knowing each other or traveling together, all 128 passengers were treated as a single group and denied boarding. - DOT's investigation revealed that discriminatory action was taken based on passengers' distinctive attire, commonly worn by Orthodox Jewish men. - This case underscores DOT's commitment to protect passengers’ civil rights, sending a strong message to the airline industry. U.S. Transportation Secretary Pete Buttigieg emphasized the need for fairness and dignity in air travel, affirming DOT's efforts to hold airlines accountable. For more updates on aviation regulations and consumer rights, unlock cutting-edge legal intelligence with our subscription free platform—join us today! Visit https://lnkd.in/gZmkUPim to learn more. #DOT #CivilRights #AviationLaw #Lufthansa #Discrimination #ConsumerProtection #GRI

The first decision by the European Court of Justice of 2025 (C-516/23) provides significant clarifications regarding the interpretation of the Passenger Rights Regulation regarding the application of the regulation, particularly with respect to reduced fares or those not directly or indirectly available to the public, as well as the temporal connection between a canceled flight and alternative transportation. #weisenheimer #aviationlaw #airlines #aviation #passengerclaims

🚨 New Guidelines from the European Commission on Air Passenger Rights! ✈️   On September 25, 2024, the European Commission published updated Interpretative Guidelines for Regulation (EC) No 261/2004 and Regulation (EC) No 2027/97. These guidelines aim to ensure a common interpretation and proper enforcement of Regulation (EC) No 261/2004 across the EU, enhancing the protection of air passengers' rights in situations such as denied boarding, flight cancellations, or significant delays.   💼 What’s new?   The guidelines take into account case law from the Court of Justice of the European Union since 2016, which plays a key role in interpreting the provisions of Regulation (EC) No 261/2004. They also introduce a new section on major travel disruptions (Section 6).   📜 The guidelines also cover:   - Council Regulation (EC) No 2027/97, which aligns the rules with the provisions of the Montreal Convention, governing carrier liability for passengers and their baggage   - Jurisdiction issues arising from Regulation (EU) No 1215/2012.     📖 More information can be found in the document below.   #PassengerRights #Regulation261 #EC261 #CancelledFlight #DelayedFlight #Compensation #MontrealConvention #Jurisdiction #Transport #AirTransport #Aviation #ConsumerRights #Consumer #Passenger #AviationLaw #AirLaw

Italy's Supreme Administrative Court upheld a lower court ruling banning Ryanair's practice of charging passengers traveling with children under 12 and people with disabilities an additional fee to sit next to each other. Ryanair's practice was banned by the Italian Civil Aviation Authority in 2021, but Ryanair had filed a lawsuit to annul the regulation on the grounds that it did not charge additional fees and that this ban was an interference with the company's financial freedom. After a legal battle, the court upheld the lower court's decision on the grounds that the need for seat proximity between the minor and their companion is clearly connected to the safety requirement. In the US, the Department of Transportation recently introduced a bill to strengthen consumer rights by preventing airlines from charging extra for children under 13 to sit with their parents. Read the full news here: https://lnkd.in/dpmEXa3X #ÇakmakAttorneyPartnership #AviationLaw #RyanAir #SeatChargingPolicy #ConsumerRights

FlySafair faces potential grounding as the ASLC challenges its compliance with South African ownership laws. Here’s what it means for the airline and the aviation sector.

There's been a lot of rail vs. air talk in Brussels the past week or so. As A4E's MD sets out, this is not an either or issue or something that should see the tying of the hands of one sector behind its back to help another sector. We tend to forget that one of the most successful EU policies ever was the establishment of the EU Single Aviation Market which has delivered more choice, more competition and more availability of air travel for millions of Europeans. At Airlines for Europe (A4E), we're always available to discuss the lessons that can be learned from our three decades of experience with this and how we might it can help other modes of transport be just as successful