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Proposed revision of air passenger rights

This presentation from the Gdansk International Air & Space Law Conference in November 2013 by Jean-Louis Colson, Head of Unit at the European Commission Passenger Rights Unit, outlines key elements of the Commission's proposal for enhancing air passenger rights. The proposal includes compensation for long delays at arrival, a clear definition of extraordinary circumstances, enhanced passenger rights such as rerouting options and missed connecting flight assistance, and a simplification of complaint-handling processes and enforcement coordination. The presentation also details specific measures like compensation after specified delay times, inclusion of EU case-law, and new care requirements for delayed flights.

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Proposed revision of air passenger rights

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  1. Proposed revision of air passenger rights Gdansk International Air & Space Law Conference15 November 2013, Gdansk Jean-Louis Colson, Head of Unit European CommissionPassenger Rights Unit – DG MOVE

  2. Four elements of the Commission proposal • Compensation for long delays at arrival • Clear and strict definition of extraordinary circumstances • 3. Enhanced rights • 4. Simplification of complaint-handling and coordination of enforcement

  3. 1. Compensation for long delays at arrival • Inclusion of the Sturgeon ruling within the proposal BUT • Compensation after 5 hoursfor all EU flights and flights of less than 3500 km • (9 hours for flights between 3500km and 600 km; • 12 hours for flights of less than 6000 km)

  4. 2. Clear and strict definition of extraordinary circumstances • EU case-law included (Wallentin) • One and the same extraordinary circumstance can concern maximum 2 flights • Binding but non exhaustive list in an annex • Mechanism to clarify the list in view of practice

  5. 3. Enhanced rights (1) • Obligation to reroute with other air carriers or other transport modes • Assistance and compensation in case of missed connecting flights • Partial use of return tickets • Inclusion of tarmac delay • Care after two hours for all delayed flights • Possibility to correct misspelled names

  6. 3. Enhanced rights (2) but necessity to take into account financial burden on air carriers • Limitation of care in case of extraordinary circumstances: 3 days and 100 euro per night (with nuances and exceptions to the rule)

  7. 4. Simplification of complaint-handling and coordination of enforcement • Deadlines for all • Out-of-court complaint handling bodies • Enhanced coordination and exchange of information between NEBs and Commission • Common investigations • Commission recommendations • Baggage rules

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