EU transport ministers have agreed to modify and simplify rules on passenger rights and airline liability with a view to guarantee consumer protection. However, the revision introduces changes that may cost passengers more money.
The European Commission first proposed reforming the rules in 2013, because some were being applied irregularly, and passengers were struggling to navigate complaints procedures.
The process has dragged on for years, however, and the new proposal now seeks to also meet the demands of airlines, particularly with regard to the payment of compensation for delays.
Currently, passengers are entitled to financial compensation if their flight is delayed by more than three hours. The new rule proposes that this right would only apply after a delay of four hours. In addition, airliners will be able to charge passengers for luggage placed in the cabin, with only small bags that fit under the seat being free.
Although these changes were accepted by EU transport ministers meeting in the EU Council, Germany, Portugal, Slovenia and Spain registered opposition.
“Spain is calling for clear and precise legal language to avoid loopholes that would allow airlines to evade compensation. Germany believes these measures will reduce the level of consumer protection,” said Euronews reporter Grégoire Lory, adding that these issues will likely resurface during upcoming negotiations with the European Parliament.
The European Parliament will now consider the proposal and may amend or reject it. The centre-right EPP and centre-left S&D groups have already expressed criticism in press releases, as has the European Consumer Organisation (BEUC).
“The practice of charging consumers for hand luggage, especially by low-cost airlines, is illegal under EU law and the case law of the Court of Justice of the European Union. The governments are now trying to legitimise that practice,” Agustín Reyna, Director General of BEUC, told Euronews.
Reyna added that the new rules on compensation for flight delays were intended to “give airlines more flexibility” but contradicted the position of the European Court of Justice, which “defined three hours as the appropriate threshold”.
On the other hand, Airlines for Europe welcomes the regulatory review. The organization, which represents 80% of air traffic, said that this revision “would help airlines to offer the best possible package to passengers”.
