EC Suing Six EU Members Over Air Passenger Rights

The European Commission has launched legal proceedings against six European Union member states for failing to implement an air passenger rights regulation that should have been effective since February. The regulation guarantees minimum levels of assistance and compensation for such mishaps as denied boarding, cancellations and lengthy delays.

The six nations to have fallen afoul of the commission are Austria, Belgium, Italy, Luxembourg, Malta and Sweden. All are deemed to have failed to establish penalties for airlines that do not meet their responsibilities under the regulation. Luxembourg also is in trouble as the only country not yet to have set up a body to ensure the regulation is applied.

"I am determined to ensure the new passenger rights are respected," said commission vice president Jacques Barrot, who also is responsible for transport. "All the member states must have effective penalties which can be applied to airlines which do not meet their obligations."

Simon Evans, chief executive of Europe's best-established passenger rights watchdog, the Air Transport Users Council in the United Kingdom, welcomed the crackdown. "This is an important piece of regulation and it is important that it is policed regularly," he said.

Examples of rights enshrined in the regulation include compensation of up to €600 (US$730) for denied boarding and meals, overnight accommodation (if appropriate) and refunds for delays of more than five hours.

The sluggish adoption of the regulation is symptomatic of the less than ecstatic reception that greeted its introduction. Airline organizations complain that it punishes carriers unfairly for events beyond their control. The International Air Transport Association said the first six months of implementation have confirmed its expectations that the regulation will prove expensive for its members. "Our estimate is this will amount to a combined cost of €600 million per year," said spokesman Anthony Concil. IATA has taken its case to the European Court of Justice, which is expected to give its opinion on the matter in September or October.

Meanwhile, Europe is still awaiting the launch of a comprehensive regular report on such issues as delays and denied boarding, similar in style to the U.S. Department of Transportation consumer report. The European Commission announced its intention to introduce one three years ago.