Mobility and Transport
Passenger rights
Air - legislation, policy documents, case law and studies
Air - legislation, policy documents, case law and studies
The single market for air transport in the European Union has greatly benefited passengers: they now enjoy lower fares and a wider choice of carriers and services than in the past. However, liberalisation is not enough. Other measures are needed to protect passengers' interests and ensure that they fully benefit from the single market. Persons with disabilities or reduced mobility enjoy specific rights and protection under European passenger rights legislation, at the airport and during air travel throughout the EU. Below you will find relevant legislation, case law and studies relating to air passenger rights. For information and advice on your rights and how you can get a refund or compensation, visit the ‘Your Europe’ passenger rights website .
Legislation
Latest developments
Proposal for a revision of Regulation 261/2004 and Regulation 2027/97
Denied boarding, cancellations, delays and accidents
Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) and its rectification Council Decision 2001/539/EC
Regulation (EC) No 889/2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents.
Airports and Airlines Voluntary commitments: the Commission has encouraged airlines and airports to prepare voluntary commitments to improve their quality of service. These were presented to the public in May 2001 and since then most airports and airlines have signed up, as recommended by their representative associations. In February 2002 they began progressively to implement them:
- Airport Voluntary Commitment on Air Passenger Service
- Airline Passenger Service Commitment on Air Passenger Service
Rights of persons with disabilities or reduced mobility
- Regulation (EC) no 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air
Other legislation
- Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC
- Commission Regulation (EC) No 1546/2006 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security
- Council Directive 90/314/EEC on package travel, package holidays and package tours
Summaries of legislation
- Rights of people with reduced mobility
- Denied-boarding compensation system
- Protection of air passengers
- Aviation safety: informing passengers of the carrier's identity and the blacklist of high-risk companies
Other policy documents
- Information note Air Passenger Rights on Claim Agencies
- Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and on Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council
- Report on the functioning and effects of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air
- Communication COM(2011) 0174 final from the Commission to the European Parliament and the Council on the application of Regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
- Guidelines to improve and facilitate the application of Regulation (EC) 1107/2006 [SWD(2012)171]
- Commission staff working document: Complaint handling and enforcement by Member States of the Air Passenger Rights Regulations [SWD(2014) 156]
- Communication COM(2008)510 on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment of passengers with reduced mobility when travelling air
Enquiry and complaint forms
EU complaint form for air passengers (updated 22/12/2014, in 22 languages available through the language button) (to be sent to the airline or competent National Enforcement Body, NOT to the European Commission)
Enquiry form regarding air passenger rights: passengers can obtain information on how to exercise their rights.
National competent authorities
National Enforcement Bodies according to Regulation [EC] 261/2004.
EU rules oblige Member States to nominate or create "national enforcement bodies", whose role is to verify that transport operators are treating all passengers in accordance with their rights. Passengers who believe their rights under the regulation have not been respected should contact the body in the country where the incident took place.
Understanding between NEB - Airlines on procedures
NEB - NEB complaint handling procedure under regulation [EC]261/2004
National Enforcement Bodies for persons with reduced mobility travelling by air transport