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

Author (Corporate) ,
Series Title
Series Details L 46, Pages 1-7
Publication Date 17/02/2004
Content Type

Summary:

Regulation (EC) No 261/2004 - adopted by the European Union on 11 February 2004 - which establishes common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. It repeals Council Regulation (EEC) No 295/91.

Further information:

This regulation applies to:

  • passengers departing from an airport located in the territory of an EU country to which the EU Treaties apply;
  • passengers departing from an airport located in a non-EU country to an airport situated in the territory of an EU country to which the EC Treaty applies.

The above applies on condition that the passengers have a confirmed reservation on the flight concerned and, except in the case of cancellation, present themselves for check-in at the time indicated in advance or, if no time is indicated, not later than 45 minutes before the published departure time.

This Regulation establishes passengers' rights if:

  • they are denied boarding against their will;
  • their flight is cancelled;
  • their flight is delayed.

This Regulation does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

The initial proposal was adopted by the European Commission in December 2001, in the context of an overall policy on protecting the rights of air passengers set out in previous year. . In July 2002, the European Economic and Social Committee (EESC) published an Opinion on this draft law and the European Parliament adopted its position on the text in October. This prompted the Commission to adopt an amended proposal. The Conciliation Committee announced an agreement in October 2003. The formal adoption of the amended draft law took place in early 2004. It entered into force on 17 February 2005.

Source Link http://data.europa.eu/eli/reg/2004/261/oj
Related Links
Commentary and Analysis
AEA: Press Release, 17/02/2005: 'Passenger-friendly' legislation could have the opposite effect, warns AEA https://web.archive.org/web/20060219181814/http://www.aea.be/AEAWebsite/DataFiles/Pr05-010.pdf
ATW Online, 28/02/2006: A Right Mess http://atwonline.com/aeropolitics/right-mess

News
BBC News, 24/10/2002: 'Bigger payouts' for stranded passengers http://news.bbc.co.uk/1/hi/business/2356197.stm
European Voice, 07/02/2003: Compensation at last for 'bumped off' fliers https://www.politico.eu/article/compensation-at-last-for-bumped-off-fliers/
European Voice, 15/10/2003: 'Bumped off' passengers set for improved payouts https://www.politico.eu/article/bumped-off-passengers-set-for-improved-payouts/
European Voice, 02/09/2005: Information responsibility for tour operators https://www.politico.eu/article/information-responsibility-for-tour-operators/

Official
EUR-Lex: Legislative proposals and contributions preceeding the implementation of the Regulation https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=CELEX:32004R0261
EP: Legislative Observatory: Procedure File for Proposal on Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2001/0305(COD)
European Commission: Press Release, 07/01/2002: Air passengers rights: Commission proposes to reinforce protection against denied boarding, cancellation and long delays http://europa.eu/rapid/press-release_IP-02-17_en.htm
European Commission: Press Release, 05/12/2002: European Commission welcomes a big step ahead in air passengers rights: huge increase of compensations for denied boarding and cancellation http://europa.eu/rapid/press-release_IP-02-1812_en.htm
UK: House of Commons: European Standing Committee A: EU documents nos. 5129/02 and 13312/02 relating to denied boarding compensation for air passengers https://publications.parliament.uk/pa/cm200203/cmstand/euroa/st021218/21218s01.htm
European Commission: Press Release, 03/07/2003: Loyola de Palacio welcomes European parliament vote on Air passenger rights: huge increase of compensations for denied boarding and cancellation of flights http://europa.eu/rapid/press-release_IP-03-944_en.htm
Council of the European Union: Press Release, 15/10/2003: Parliament-Council Conciliation Committee: Agreement on compensation and assistance to passengers in case of denied boarding, cancelled flights, or delayed flights http://consilium.europa.eu/ueDocs/cms_Data/docs/pressdata/en/cep/77617.pdf
European Commission: Press Release, 18/12/2003: New rights for air passengers approved by the European Parliament: 'a major step ahead' says European Commission http://europa.eu/rapid/press-release_IP-03-1783_en.htm
Council of the European Union: Press Release, 26/01/2004: Agreement on compensation and assistance to passengers in case of denied boarding, cancelled flights, or delayed flights http://consilium.europa.eu/ueDocs/cms_Data/docs/pressdata/en/misc/78829.pdf
European Commission: Press Release, 16/02/2005: Air transport: Europe reinforces passengers' rights http://europa.eu/rapid/press-release_IP-05-181_en.htm
European Commission: Press Release, 16/02/2005: Transport with a human face: new rights for passengers http://europa.eu/rapid/press-release_IP-05-182_en.htm
European Commission: Press Release, 19/05/2005: Application of air passengers' rights http://europa.eu/rapid/press-release_IP-05-574_en.htm
European Commission: Press Release, 16/02/2006: First anniversary of Air Passenger Rights http://europa.eu/rapid/press-release_IP-06-177_en.htm

Subject Categories ,
Subject Tags ,
International Organisations
Record URL https://www.europeansources.info/record/?p=354976