Transcript Presentation

EU Regulation 261/2004
• Minimum Passenger rights for ”inconvenience”
• Apart from Montreal Convention MC99
– Cancelled flights
– Denied boarding
– Assistance
European
Floodgates
Open
European Court of Justice
• Sturgeon 19 November 2009
– Long delay (+3 hrs) = cancellation
• Nelson 23 October 2012
– Long delay confirmed
• And what about MC99?
• Possible liability on Airlines approx 10 Billion USD
Compensation Levels - Defences
• Flights
< 1500 km 250 euro
• Flights >1500 km within EU 400 euro and all other
flights between 1500-3500 km
• All other flights EU – US 600 euro
• Airline burden of proof for
– Extraordinary circumstances
– All reasonable measures
EU Comission proposal
• Proposal March 13, 2013, few examples
– Confirms Sturgeon/Nelson, right to delay compensation
– New Deadlines for delay compensation 5, 9 or 12 hrs
– Limitations re assistance, accommodation limited to maximum 3 nights
and 100 euro per passenger and night.
– Clarifying ”extraordinary circumstances”
– Tarmac delay right to disembarkation after 5 hrs
– Right to rerouting via other carriers or other transport modes after 12 hrs
European Parlament
• New compensation levels
– 300 euro all intra EU flights + all other flights less than 3500
km 600 euro for all other flights
• New thresholds
– 3 hrs all intra EU flights + all other flights less than 3500 km
– 5 hrs for all other flights
– Tarmac delay right to disembarkation after 2 hrs
• Accommodation limited to 100 euro per day and
person but not in time
European Council
European Council
• Non official report June 5, 2014
– Agrees with EU Comission proposal
– Two meetings under Lithuania Presidency.
– One thing clear Council will reject Parlaments proposal
Under Lithuania Precidency 2 meetings, last one april 20.
Luxembourg Precidency, from July 1, 2015, next meeting this fall
Trilog
Trilog
• Informal negotiations between
– Comission - Parliament - Council
• Revised 261/2004 maybe in force July 1, 2016
or January 1 2017
So what will be the final amendment to 261?