WRITTEN QUESTION E-1240/02 by Theresa Zabell (PPE-DE) to the Commission. Change of airline.
Date: 2002-04-30
Institutions: European Parliament, Provisional data
Subjects: EU law, air transport, airline, carrier, consumer information, contract, reservation, transport price

C 277 E/168

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/190)

WRITTEN QUESTION E-1240/02

by Theresa Zabell (PPE-DE) to the Commission

(30 April 2002)

Subject: Change of airline

What is the Commission’s view on the situation whereby a member of the public, who buys a plane ticket
from a specific airline at a specific price, in this case SN Brussels Airlines, finds out at boarding time that,
without any prior warning, the whole operation, including the plane, is managed by an airline different to
that from which he bought his ticket, and whose prices are lower?

Answer given by Mrs de Palacio on behalf of the Commission

(14 June 2002)

According to Article 7 of Council Regulation 2408/92/ECC of 23 July 1992 on access for Community air
carriers to intra-Community air routes (1):

In operating air services, a Community air carrier shall be permitted by the Member State(s) concerned
to combine air services and use the same flight number.

This is called ‘code-sharing’.

Code sharing allows a carrier to offer customers a wider range of services than if it operated them all itself.
However, the Commission strongly believes that passengers must be informed of the identity of the
operating carrier when they book a ticket, so that they are able to make an informed choice of airline.
It also considers that the question must be addressed of which carrier is legally responsible for performing
the contract.

As regards information, at present Community legislation on computerised reservation systems (2) obliges
an agent using such a system to inform consumers of the carrier actually operating the flight. Also many
airlines have signed and are progressively implementing the Passenger Service Commitment, under which
they undertake to inform passengers of the operating carrier (among other things). It has to be seen
whether this gives satisfactory results. The Commission, therefore, will again raise the issue of whether
passengers receive sufficient information before booking, in a consultative paper on airlines’ contracts that
the services of the Commission will soon publish. Once it has received and analysed the responses, it will
take a decision regarding further measures to ensure that passengers receive adequate information.

So far as responsibility is concerned, in its consultative paper on airlines’ contracts the services of the
Commission will pose the question of whether responsibility for carrying out the contract lies with the
operating carrier or jointly with the contracting and the operating carriers.

As for differences in prices, Council Regulation 2409/92 of 23 July 1992 on fares and rates for air
services (1) gives airlines freedom to set their own prices. The Commission believes that this is essential for
competition, which brings down prices and gives consumers the possibility to choose between airlines. As
said, it is very important that they have sufficient information to make an informed choice.

(1) OJ L 240, 24.8.1992.
(2) Council Regulation No 2299/89 as amended by Regulation 3089/93 and 323/99, OJ L 220, 29.7.1989.