"This book presents a critical analysis of the European Union's (EU) air passenger regime set out in Regulation 261/2004 (Flight Compensation Regulation). The regime has been heralded as a global first in protecting air passengers' rights, however non-compliance is common. This innovative book takes a three part approach to examine why and suggest reforms that might address this. Firstly, its sets out a rigorous doctrinal analysis of the case law of the CJEU on the regime. Secondly, its draws on political science and regulatory scholarship to analyse the implementation, application and enforcement of the regime in practice, to identity why compliance is so poor. Thirdly, it questions what constitutes effective enforcement in the EU. Finally, the author makes recommendations for reform. This important work will be essential reading for internal market and consumer law specialists."--
Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.
The liberalisation of the European air transport market has generated significant benefits for consumers: a wider choice of air services and intense price competition between air carriers, which has resulted in significantly lower fares. To limit any potential negative impacts that this might have on the quality of service delivered to air passengers and consumers, a number of measures have been taken at European Union (EU)-level to protect them. The most significant of these, Regulation (EC) 261/2004, introduced rules on compensation and assistance in the event of denied boarding, cancellations, long delays and involuntary downgrading. A number of other key legislative texts provide a European framework for the establishment and protection of passenger rights for air travellers. However, there is consensus among the industry, regulators and passengers that there are issues with the application and enforcement of some areas of air passenger rights, particularly those stemming from Regulation (EC) 261/2004. In March 2013, the Commission proposed a revision of Regulation 261/2004, but the proposal has been on hold since November 2015.
This book presents a thorough analysis of the EU provisions and legal framework of passenger rights in the civil aviation field. It provides both a theoretical and practical view of the initiatives that have been taken in this field. This includes initiatives taken by the European Commission (EC) with the aim to improve the protection of passengers and by the European Court of Justice (ECJ) with regard to jurisprudence. The book points out the goals that have been obtained so far, as well as the goals that still need to be pursued. Particular attention is paid to EU institutions that have been created ad hoc to supervise aviation safety and harmonize the various safety procedures of the EU Member States. Recent and upcoming packages of important safety and security measures are examined in detail. The book gives examples of current applications of legislative instruments and presents readers with the tools to gain a deeper understanding of the legal, practical and theoretical aspects of this important topic in aviation.
This briefing draws on the latest available data to analyse the implementation and application of Regulation 261/2004 which introduces common rules on assistance and compensation to air passengers when their travel is disrupted. The briefing explains why the European Union enacted air passenger rights and the current state of play in terms of their enjoyment. It further sets out the current legal framework before exploring its shortcomings. Finally, it gives examples of best practice and presents some recommendations for national parliaments and EU institutions to improve the enforcement of citizens' rights.
For millions of citizens in the European Union, travel is now an aspect of daily life, whether they are visiting friends and relatives, commuting, or taking more distant trips on holiday and for work. Passengers in Europe benefit from a common set of rights when using different forms of transport, so that they are protected when something goes wrong with their journey, whether it takes place within a single Member State or across Member States. Starting with air transport in 2005, the EU has now introduced legislation to protect passenger rights for users of air, rail, ship or ferry and coach transport services. Along with this ongoing strengthening of passenger rights great emphasis has been placed on ensuring that passengers are informed about their rights so that they can take full advantage of them, by requesting their implementation and enforcement where necessary. To publicise passenger rights across all 28 Member States, in 2013, the European Commission launched a new Passenger Rights campaign for 2013-2015 with the headline message "Your Passenger Rights at Hand". There have been two previous Eurobarometer surveys assessing public awareness of the issue: the Special Eurobarometer 228 conducted in 2005 (in the then 25 EU Member States) and the Special Eurobarometer 319 conducted in 2009 (in the then 27 EU Member States). Both surveys were limited to air passenger rights. This new survey aims, inter alia, to measure awareness of passenger rights in the current 28 Member States, distinguishing between the different transport services (air, train, ship and ferry and long-distance coach), and addressing additional topics that were not tackled in the previous Special Eurobarometer surveys of 2005 and 2009, such as assistance for persons with disabilities or reduced mobility and transport noise disturbance. Although the questionnaire has changed since the 2009 survey, certain elements remain constant and the results of some questions may be compared.
Since the liberalisation of air transport in the EU in the late 1980s, with the application of competition law to agreements and practices within the EU, and between EU and non-EU airlines since 2004, competition has intensifi ed and the industry has evolved, with the emergence of low cost carriers, greater consolidation between full service carriers through mergers and alliances, and most recently, convergence of business models as airlines respond to competitive pressures. The enforcement of competition law has also increased within the EU – at EU and EU member state level and internationally. This practical and thoroughly researched book, minimising the need for cross-referencing, is the only current comprehensive study of European competition law from the perspective of the airline industry. Among the issues and topics covered are the following: - commercial agreements between airlines such as code-sharing, mergers and alliances and other joint ventures; - means of distribution such as computer reservation (or global distribution) systems and travel agents; - supply and distribution agreements; - abusive conduct by dominant companies including airports, airlines, or other companies; - cartels, including the Airfreight cartel case; - information exchange between competitors; - procedure, enforcement and private actions for damages; - state aid to airlines by Governments, through agreements between regional airports and low cost carriers, and aid to airports; and - subsidies by non-EU countries to airlines. The author also gives an overview of the liberalisation process, the European Common Aviation Area, agreements with non-EU countries, latest developments (including Brexit) and ongoing trends. As a practical guide to the application of competition law in relation to drafting commercial agreements, planning and structuring mergers and alliances, assessing existing agreements, or handling claims or disputes among airlines or airports, legal practitioners in the transport fi eld will fi nd this book to be of inestimable value, as will business persons at airlines and airports. For regulators, academics, and university libraries, this book will also prove itself indispensable.
This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.
This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities. Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience. This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology. I think it will also be of interest to other categories (please see e.g. what the reviewers have written) "I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers." "Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"
