Question for written answer E-001497/2017 to the Commission

Ole Christensen (S&D)

Under EU Regulation No 261/2004, passengers on flights in the Single European Sky are guaranteed compensation for delays and cancellations. The aim of the regulation is to ensure a high level of consumer protection.

Delays or cancellations caused by ‘extraordinary circumstances’ do not give rise to a right to compensation. Airlines often state ‘extraordinary circumstances’ as the reason for delays or cancellations, which passengers currently have no chance to challenge without the involvement of the relevant national enforcement body (NEB).

Under the auspices of the EU and Eurocontrol a department (CORA) has been set up to gather information on the reasons for delays. This information is used for air traffic control, and is only available to airlines, national authorities and courts.

Ordinary consumers have no access to this data. This leads to unacceptable situations in which consumers who complain, but have their case dismissed on the grounds of extraordinary circumstances, have no access to precise information detailing what these circumstances were.

I therefore have the following questions.

Does the Commission consider it appropriate, in the interest of the transparency of proceedings, for ordinary consumers to have no access to information on the reasons for delays and cancellations to enable them to determine to what extent the circumstances for the delay were extraordinary?

How is legal certainty guaranteed for ordinary consumers in connection with decisions concerning delays and cancellations of flights on the grounds of extraordinary circumstances?

Will the Commission seek to ensure that transparency for ordinary consumers is increased concerning delays and cancellations of flights?

Answer given by Ms Bulc on behalf of the Commission (15.5.2017)

In accordance with Article 5(3) of Regulation 261/2004, an air carrier is exempted from paying compensation in the event of cancellation or delay at arrival if it can prove that the cancellation or delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Thus, the Regulation imposes on air carriers the burden of proof. This burden can only be discharged through presentation of the necessary evidence by the carrier itself, free of charge for the passenger . In this regard, the carrier may provide as proof extracts from log books or incident reports and/or external documents and statements.

In case where the passenger is not satisfied with the evidence provided or disagrees with the reply received from the air carrier, he or she can address a complaint to a national enforcement body which may decide to further investigate the information provided by the air carrier to the complainant. Ultimately, the passenger can also go to Court to seek compensation.

The Commission considers that the burden of proof should stay with the air carrier concerned and it is not for the air passenger to search or provide evidence in respect of issues concerning Article 5(3) of the Regulation.