WRITTEN QUESTION E-3328/00 by Ursula Schleicher (PPE-DE) to the Commission. Damages for pain and suffering after air accidents.
Date: 2000-10-25
Institutions: European Parliament, Provisional data
Subjects: common transport policy, consumer protection

22.5.2001

EN

Official Journal of the European Communities

C 151 E/137

(2001/C 151 E/154)

WRITTEN QUESTION E-3328/00

by Ursula Schleicher (PPE-DE) to the Commission

(25 October 2000)

Subject: Damages for pain and suffering after air accidents

There are substantial differences between the Member States of the European Union in respect of the level
of protection for consumers in the event of air accidents. Compensation is based largely on national law.

What is the Commission(cid:146)s attitude towards the demand for common European rules on entitlement to
compensation,
including appropriate damages for pain and suffering for injured parties or surviving
dependants?

Answer given by Mrs de Palacio on behalf of the Commission

(8 December 2000)

The Warsaw Convention of 1929, the existing international legislation on the liability of air carriers for
damages when a passenger is killed or suffers injury in an accident, set low limits to liability and gave
passengers quite inadequate protection. Accordingly the Community adopted Regulation (EC) No 2027/97
of 9 October 1997 (1) on air carrier liability in the event of accidents. This also served the purpose of
creating an uniform regime for Community carriers in a single market for air transport. It applies to
Community carriers, irrespective of whether a flight is international or domestic.

The regulation removes any limit on a carrier(cid:146)s liability for damages sustained in the event of death,
wounding or bodily injury and establishes strict liability for damages up to 100 000 Special drawing rights.
The carrier cannot exclude or limit liability by proving that it did everything possible to avoid the damage
or that it was not possible to do so. It does not limit the types of damage that can be considered. The
regulation also provides for advance payments to meet the immediate economic needs of people entitled
to compensation.

The Community(cid:146)s initiative in adopting this regulation did much to stimulate the negotiation of a new
international agreement in 1999, the Montreal Convention covering international flights. This closely
follows the provisions of Regulation (EC) No 2027/97 so far as liability for damages resulting from death
or injury is concerned.

Regulation (EC) No 2027/97 gives the courts responsibility for fixing the actual amounts of compensation
to be paid. A court can take account of the type and extent of the damages suffered by each individual,
including pain and suffering, of the economic consequences of an accident for the victim and the
dependents, of the particularities of each case, and of different national approaches to defining levels of
compensation (in general and not just for air accidents). Fixed rates of compensation set by regulation
could not reflect all these variables and so would appear unfair in light of the damages actually suffered by
each individual.

As for the person entitled to compensation, Regulation (EC) No 2027/97 defines this as the passenger or
as any person entitled to compensation in respect of the passenger, in accordance with applicable law,
i.e. that of the court where the action is brought.

(1) OJ L 285, 17.10.1997.