In response to pressure by Labour MEP Alfred Sant, the European Commission
has made clear that, throughout the unprecedented Covid-19 crisis, consumer
passenger rights remain applicable and national measures to support the
industry must not lower them.
The European Commission was replying to parliamentary questions by Alfred
Sant focusing on the Commission’s actions regarding airlines and national
authorities that should be supervising that EU air passenger rights are being
respected. These questions were submitted as a follow-up to another question
made by Alfred Sant in July on the reimbursement of cancelled flight tickets
during the COVID pandemic.
In her reply on behalf of the Commission, European Commissioner for Transport Adina-Ioana Valean stated that passengers’ right to get reimbursement in money if they so wish has been underscored in the Commission Guidelines of 18 March 2020 on EU passenger rights regulations as well as the Commission Recommendation of 13 May 2020 on vouchers.
In this context, on 14 May 2020, the Commission sent letters to all Member
States urging them to ensure that the EU passenger rights regulations are
correctly applied.
Commissioner Valean explained that the responsibility for enforcement of
Regulation (EC) No 261/2004 on air passenger rights lies indeed with the national enforcement bodies designated by each Member State in accordance
with Article 16.
Following this exchange of letters, on 2 July 2020, the Commission has opened
infringement proceedings against two Member States, Italy and Greece, for
having adopted legislation in contradiction to the EU legal framework. Both
countries have taken measures that do not comply with EU rules on air
passenger rights and on waterborne travel.
In its written response to Alfred Sant, the Commission said it is currently
assessing the responses from these Member States and is also investigating into
the situation in all 27 Member States and to this end has requested to receive by
end October 2020 detailed information on the application of the EU rules on
passenger rights from the Member States' national authorities through the EU
Pilot dialogue mechanism.
The European Commission added that the alleged practices by airlines are also
the subject of a consultation process that the Commission has launched in the
network of national Consumer Protection Cooperation authorities with a view to
possible coordinated enforcement measures. The Commission noted that it is
not reflecting on creating an additional mechanism because the existing one is
applicable.
