WRITTEN QUESTION E-2202/99 by Luis Berenguer Fuster (PSE) to the Commission. Commission initiatives on the rights of consumers entering into contracts with airlines.
Date: 1999-11-29
Institutions: European Parliament, Provisional data
Subjects: air transport, carriage of passengers, consumer protection, indemnification, liberalisation of the market, provision of services

8.8.2000

EN

Official Journal of the European Communities

C 225 E/71

(2000/C 225 E/070)

WRITTEN QUESTION E-2202/99

by Luis Berenguer Fuster (PSE) to the Commission

(29 November 1999)

Subject: Commission initiatives on the rights of consumers entering into contracts with airlines

Liberalisation of the air transport sector has had significant benefits for consumers, most importantly a
if not implemented properly, deregulation can
greater choice of carrier and cheaper prices. However,
frequently have other, negative effects as a result of congestion in the skies and inadequate airport
infrastructures. Passengers are affected by delays, which result in missed flights and other inconvenience.
When such situations arise, the airlines hide behind the small print in the ticket purchase agreement to
evade their responsibility.

Does the Commission intend to adopt measures to establish the airlines(cid:146) responsibility and ensure that
passengers receive compensation when airlines do not adhere to their timetables or when their luggage is
lost?

Answer given by Mrs de Palacio on behalf of the Commission

(19 January 2000)

The Commission is about to begin a major consultation on air passenger rights in the Community with a
view to making a full assessment of the current situation and developing a new strategic approach to this
issue in the coming year. A consultation paper will be launched in the near future. It will seek the views of
both industry and consumers on delays and baggage, as well as a much wider range of other issues. Action
will be taken in the light of the reactions received. One specific action on giving information to passengers
has already been agreed for launch in the coming months (cid:129) the mandatory publication of punctuality
indicators for airlines and airports.

There is already some provision in Community law for compensation for delayed passengers who are late
arriving at their destination because the airline overbooked the aircraft. Such passengers are entitled to
immediate compensation of up to € 300 under Council Regulation EEC No 295/91 of 4 Febraury 1991
establishing common rules for a denied-boarding compensation system in scheduled air transport (1). A
proposal (2) to amend the Regulation,
improving the level of compensation and extending it to cover
passengers who are delayed because an airline cancels their flight,
is close to agreement. Extending
compensation any further than this would require careful consideration since a large proportion of delays
are caused by factors that are genuinely beyond the airlines(cid:146) control, notably air traffic delays.

the Warsaw Convention of 1929 sets low maximum limits of
As far as baggage is concerned,
approximately € 17 per kilo on airlines(cid:146) liability for any loss or damage during international journeys.
The new Montreal Convention of May 1999 raises this limit to approximately € 1 300 per passenger.
Compensation in excess of these limits is only possible where the passenger has agreed a higher figure in
advance with the airline and paid any extra charges needed to cover additional insurance.The Commission
will make proposals for Community ratification and implementation of the new Montreal Convention at
the beginning of 2000.

(1) OJ L 36, 8.2.1991.
(2) COM(98) 580 final.

(2000/C 225 E/071)

WRITTEN QUESTION E-2204/99

by Olivier Dupuis (TDI) to the Commission

(29 November 1999)

Subject: Agreements in the air transport sector and compliance with competition rules

In recent years, the Commission has been involved in analysing and regulating certain agreements between
airlines in order to safeguard openness and competition on the markets in question. To this end, in the