WRITTEN QUESTION E-2748/99

by Gérard Deprez (PPE-DE) to the Commission

(18 January 2000)

Subject: Common rules for a denied-boarding compensation system

Could the Commission provide information on the extent to which the provisions of Council Regulation 295/91(1), establishing common rules for a denied-boarding compensation system in scheduled air transport, have been implemented to date? Could it give the following specific information:

1. Which air carriers have notified it of the arrangements they have introduced to fulfil their obligations?

2. How much compensation has actually been received by travellers under these arrangements?

3. How much information is actually available in agencies and/or airports for travellers who have been denied boarding?

In addition, knowing that the proposal to amend this regulation is currently blocked in the Council, and given that failure to observe the provisions laid down is clearly very common, does the Commission intend to take legal action or steps of any other kind against airlines which do not observe these provisions, pending the introduction of more effective rules?

(1) OJ L 36, 8.2.1991, p. 5.

Answer given by Mrs de Palacio on behalf of the Commission

(21 March 2000)

Regulation (EEC) No 295/91 adopted by the Council in 1991 provides for a system whereby the rules to be applied by air transport companies operating from a Community airport are to be notified where boarding is denied. That notification is sent to the Member State concerned and to the Commission at one and the same time. Fifty eight airlines have notified the Commission in this way (see the list sent to the Honourable Member and to the Secretariat General of Parliament).

The regulation provides for minimum compensation thresholds (EUR 150 for flights up to 3 500 km and EUR 300 for flights of more than 3 500 km) which may be restricted to the price of the ticket to the final destination. Moreover, it stipulates, in general terms, that the rules applying to air carriers shall be made available to the public at the carriers agencies and check in counters. The airlines and their agencies may choose how best to meet that obligation.

At the moment the EC Treaty is not a suitable forum enabling the Commission to prosecute an airline in order to ensure compliance with the compensation rules in individual instances. Since the regulation confers rights that directly favour passengers, these have the option of bringing actions before the national courts in order to secure those rights. The Commission is aware of a relatively restricted number of cases in that area. Moreover, the Member States have the option of applying further penalties where the regulation is infringed.

While awaiting the adoption, by the Council, of a proposal from the Commission amending the current regulation(1) and more particularly following the various developments at technological level (electronic ticketing) and also at operational level (alliances among carriers), the Commission recently launched a detailed examination of the stage reached in implementing Regulation (EEC) No 295/91. That examination should produce an inventory of (a) the practices pursued by the airlines and the national authorities in the Member States in order to ensure that such rules are adopted and that passengers are better protected, and (b) of the impact of the above-mentioned developments on the implementation of the rules by the national courts.

(1) OJ C 351, 18.11.1998.