WRITTEN QUESTION E-2328/03 by Glyn Ford (PSE) to the Commission. Helicopter services to the Isles of Scilly.
Date: 2003-07-16
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, carrier, helicopter, indemnification, organisation of transport

27.3.2004

EN

Official Journal of the European Union

C 78 E/737

It is premature to speculate on this question. The Commission confirms that unjustified discounts by

4.
a dominant company can constitute an abuse of Article 82 of the EC Treaty.

5.
As outlined in the answers to questions 2, 3 and 4, the Commission intends to examine Microsoft’s
licensing arrangements in greater detail. It is therefore premature to consider potential courses of action
before the allegations are properly examined.

The Commission has no information that the practices alleged by the Honourable Member are taking

6.
place within the Union.

7.
The Commission’s analysis of what is a complex and exhaustive file in its ongoing Microsoft
investigation is in its latter stages. The Commission intends to ensure that the final outcome of the case is
beneficial to innovation and consumers alike.

(2004/C 78 E/0785)

WRITTEN QUESTION E-2328/03

by Glyn Ford (PSE) to the Commission

(16 July 2003)

Subject: Helicopter services to the Isles of Scilly

Will the Commission ensure that the interpretation of the Lisi report ‘Compensation and assistance to air
passengers’ will take into account the situation of airlines that fly particularly difficult routes for technical
and meteorological reasons, such as the above and similar routes? After all the intention of the report was
to compensate passengers for the airlines that unreasonably inflict on passengers the cost of their failure to
provide the resources to ensure passengers are not unnecessarily inconvenienced, and not to drive those
that are giving a valuable and important public service on acknowledged difficult routes out of business.

Answer given by Mrs de Palacio on behalf of the Commission

(9 September 2003)

The Commission recognises the particular conditions faced by air carriers, including helicopter operators,
when operating some essential and difficult routes.

The draft Regulation ‘establishing common rules on compensation and assistance to air passengers in the
flights (1)’ will shortly go through the
event of denied boarding and cancellation or long delay of
conciliation procedure, and the Lisi report on ‘Compensation and assistance to air passengers’ does not
address the situation of airlines that fly particularly difficult routes. However, the draft Regulation includes
the concept of ‘extraordinary circumstances which could not have been avoided even if all reasonable
measures had been taken’.

In particular, such circumstances may occur in cases of meteorological conditions incompatible with the
operation of the flight concerned and unexpected flight safety shortcomings. This concept is an efficient
in such circumstances, carriers shall be exempted from certain obligations in event of
safeguard as,
cancellations and delays. It maintains a balance between passengers’ rights and operational hazards for
which operators can not be considered responsible.

‘a mechanical breakdown’ may not, by definition, always fall within the concept of
Nevertheless,
‘extraordinary circumstances’. Operators having to guarantee quality and safety of service normally will
have the responsibility to avoid such failure.

(1) OJ C 103 E, 30.4.2002.