NEW guidelines on air passenger rights under Regulation (EC) No 261/2004


Since 2016, the European Commission has issued interpretative guides to Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights (the “Air Regulation”). Today, another one was issued.

Today the European Commission published new guidelines on air passenger rights.

The new guidelines take into account the decisions of the European Court of Justice since 2016. The guidelines clarify certain provisions of the Air Regulation and allow for more effective and consistent enforcement of the rules.

A new section on “extensive travel disruption” has also been added. Regulation (EC) No 261/2004 does not contain specific provisions on extensive travel disruptions and this created interpretation doubts, for example, during the volcanic eruption in Iceland in 2010 and the Covid-19 pandemic in 2020. The new guidelines seek, among other things, to clarify the rules in such situations.

The purpose of the guidelines is both to raise awareness of passenger rights, but also to provide operators (airlines) and national enforcement bodies (in Denmark: the courts and the Danish Transport Authority) with better conditions for a correct and consistent application of Regulation (EC) No 261/2004.

You can find the new guidelines here.

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