Union regulations on passenger rights in case of flight cancellation, refusal at boarding or long delay of flights

• Author: Elise Nicoleta Valcu
• Position: University of Pite?ti, Pite?ti, Romania Correspondence: Elise Nicoleta Vâlcu, University of Pite?ti, str. Târgu din Vale, no. 1, Pite?ti, România E-mail: elisevalcu@yahoo.com
• Pages: 31-36

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2019), pp. 31- 36

31

UNION REGULATIONS ON PASSENGER RIGHTS IN CASE OF

FLIGHT CANCELLATION, REFUSAL AT BOARDING OR LONG

DELAY OF FLIGHTS

E. -N. VÂLCU

ELISE NICOLETA VÂLCU

University of Piteti, Piteti, Romania

*Correspondence: Elise Nicoleta Vâlcu, University of Piteti, str. Târgu din Vale,

no. 1, Piteti, România

E-mail: elisevalcu@yahoo.com

ABSTRACT:

The European Union is a "supranational governance" structured by its well-defined

institutions. The decision-making triangle formed by the Commission, the Parliament and the

Council legislate in agreement or consultation, covering the whole picture of policies

developed at EU level and implemented a t Member State level. Among the most important

developed policies, it is necessary to mention the freedom of movement of the Union

nationals, freedom of movement of goods and services, judicial cooperation in criminal

matters, etc. F reedom of movement implies a series of segmental r ights, such as the right to

temporary or permanent residence, the right to work, to travel and study, etc. The Union law

system identifies legal instruments to regulate the rights of passengers traveling within the

Union, from the Union to a third country, or arriving in the territory of a Member State

irrespective of the type of transport, air, rail, water or road.

At present, in the field of air transport we identify Regulation no. 261/2004 on the

right to compensation and assistance to passengers in the event of refusal of boarding and

cancellation or long delay of flights, which is part of a comprehensive package of legislation

aimed at protecting consumers in general across the European Union.

KEY WORDS: refusal to board, cancel flight, trip, flight operator, booking.

INTRODUCTION

Regulation No 261/2004

1 of establishing common rules on compensation and

assistance to passengers in the event of denied boarding and of cancellation or long delay of

flights originated from the need for a uniform interpretation of the r elevant Union legislation

in the matter, a Union standard of protection for citizens.

From the legislative package in this field, together with the above-mentioned Union

Regulation and subject to the analysis in the present document, the Regulation (EC) no. No

2027/97 of the Council of 9 October 1997 on a ir carrier liability in the event of accidents e2,

as amended by Regulation (EC) (EC) No 889/2002 of the European Parliament and of the

Council3 and the Convention for the Unification of Certain Rules Relating to International

Carriage by Air, a lso called the Montreal4 Convention. 889/2002 is the EU legislative

1 Regulation (EC) No 261/2004 of the Europea n Parliament and of the Council of 11 February 2004 establishing

common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation

or long delay of flights, and repealing Regulation (EEC) 295/91.

2 JO L 285, 17.10.1997.

3JO L140 30.05.2002

4 The Convention for the U nification of Certain Rules for International Carriage by Air, kno wn as the " Montreal

Convention", was signed in Montreal on 28 May 1999. The European Union is a contracting party to the

Convention and some of its provisions have been transposed into legislation Union by Regulation (EC) No. (EC)