Revision of Aircraft Regulation (EC) No 261/2004 is (still) underway

On November 29, 2023, the European Commission proposed an amendment to the Aircraft Regulation and the legislative work in the EU is in full swing. Here you get an update on the status.

On November 29, 2023, the European Commission proposed an amendment to the Air Regulation (REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights).

Among other things, the proposal contains some completely new rules in such cases where the trip is purchased through a ticket intermediary (a so-called “OTAs” (Online Travel Agent)).

We need such rules. Your legal position is significantly worse in cases such as flight cancellations when you buy your flight tickets through a ticket agent, such as Flybillet.dk or Travellink. You can read more about this here.

The European Commission is also planning to introduce a new standard form that passengers seeking compensation/expenses can use for reimbursement and compensation in the future.

Furthermore, an obligation will be introduced for airlines to regularly publish how good (or bad) they are at complying with the rules of (e.g.) the Aviation Regulation.

Finally, comprehensive rights for different modes of transport (protection of passengers during multimodal journeys) will be introduced, complementing the rights that passengers already have when traveling by just one mode of transport. The rules will apply when passengers have a single ticket for several modes of transport, such as bus, train and air, as well as additional protection rules for travelers with disabilities or reduced mobility.

On May 31, 2024, the European Economic and Social Committee (“EESC”) issued an opinion on the Commission proposal, which the EESC supports. Among other things, the EESC states that there is a need to clearly regulate the right to cash reimbursement when travel is purchased through a ticket intermediary.

There have also been meetings in the Council in connection with the proposal’s first reading on December 5, 2023, March 2024, April 9, 2024, November 29, 2024 and December 6, 2024.

At the most recent Council meeting on December 6, 2024, the Council tabled a number of amendments to the European Commission’s proposal of November 29, 2023, in particular regarding passengers’ right to reimbursement when travel is booked through a ticket intermediary and the airlines’ obligation in (the new) Article 14 to inform passengers.

It is expected that the European Parliament will now have to decide on the Council’s amendments.

At Flyadvokaten, we follow the legislative work closely.