WRITTEN QUESTION P-3855/02

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(23 December 2002)

Subject: Violation of passengers' rights

In the wake of complaints from members of the public and numerous press reports, it has emerged that frequent problems are being caused by EU airlines thanks to the deplorable practice of overbooking.

In some cases, passengers who already had a boarding card, whose luggage was already loaded on the plane, and who had completed all pre-boarding operations according to the rules and on time, have been refused boarding for no good reason.

It appears, besides, that airlines are violating the most elementary rights of passengers.

With the Christmas and New Year period now approaching, with the consequent large numbers of passengers flying from many of Europe's airports, and from the viewpoint of improving the protection of European citizens' rights, can the Commission:

- take effective steps to put an end to the severe annoyances referred to above;

- penalise, wherever possible, airlines which indiscriminately practise overbooking;

- undertake a detailed statistical study to monitor overbooking rates, broken down by airline;

- publish a document containing the results of that survey, to be made available to consumers and at airports;

- call for proper compliance with the guidelines laid down in the Passengers Charter.

Answer given by Mrs de Palacio on behalf of the Commission

(30 January 2003)

Airlines overbook flights to fill the seats of passengers who do not show up, which sometimes results in denied boarding. However, airlines sometimes abuse the practice, at the expense of travellers, about which the Commission shares the Member's concerns.

In fact Council Regulation (EEC) No 295/91 of 4 February 1991(1) already gives passengers the right to financial compensation, the choice between an alternative flight or a ticket refund and care while awaiting a later flight, if denied boarding at an airport in the Community. However denied boarding remains too frequent, affecting around a quarter of a million passengers each year at Community airports.

Consequently, on 21 December 2001 the Commission adopted a proposal for a new Regulation(2), aimed both dramatically to reduce the frequency of the practice and to increase compensation of those passengers still denied boarding. The proposal would also protect passengers against cancellations for commercial reasons and create basic rights for those suffering serious delays. Moreover, while the present Regulation is limited to scheduled flights, the proposal would extend to non-scheduled (charter) flights.

On 24 October 2002 the Parliament approved the proposal at first reading, subject to certain amendments. On 5 December 2002 the Council reached a political agreement and should adopt a Common Position early in 2003.

Air passengers will be further protected when the Community applies the Montreal Convention for the Unification of Certain Rules for International Carriage by Air(3) on the liability of carriers for death and injury, delays and mishandling of baggage. While the Community has adopted new legislation and completed its ratification procedures, application of the convention is delayed by late ratification by certain Member States.

Turning to the enforcement of Community legislation on denied boarding, this is primarily the responsibility of Member States. Nevertheless, the Commission can start infringement procedures under Article 226 of the EC Treaty if it considers that a Member State is not fulfilling its obligations. The same is true of the other Community legislation covering air passengers' rights: on information about flights and reservations, on compensation in case of accidents(4) and on package holidays(5).

To exercise their rights, passengers need to be aware of them. To give them this information, many airports have accepted to display posters setting out the rights created by Community law (the charter), following an initiative by the Commission.

(1) OJ L 36, 8.2.1991.

(2) OJ C 103 E, 30.4.2002.

(3) Decision 2001/539/EC of 5 April 2001 OJ L 194, 18.7.2001.

(4) Council Regulation (EC) No 2027/97 of 9 October 1997 OJ L 285, 17.10.1997, as amended by Regulation (EC) No 889/2002 of 13 May 2002 OJ L 140, 30.5.2002.

(5) Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours OJ L 158, 23.6.1990.