WRITTEN QUESTION E-3182/03 by Paulo Casaca (PSE) to the Commission. The air transport company SATA's failure to comply with Community legislation.
Date: 2003-10-27
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Portugal, air transport, carriage of passengers, carrier, consumer protection, indemnification, transport company

27.3.2004

EN

Official Journal of the European Union

C 78 E/481

(2004/C 78 E/0503)

WRITTEN QUESTION E-3182/03

by Paulo Casaca (PSE) to the Commission

(27 October 2003)

Subject: The air transport company SATA’s failure to comply with Community legislation

Article 4(2) of Regulation (EEC) No 295/91 (1) of 4 February,
compensation to be paid by air transport companies if they refuse to embark passengers.

lays down the immediate minimum

The contents of this Regulation are dealt with in Decree-Law 321/89 of 25 September, Portaria No 223/97
of 2 April and Law No 24/96 of 31 July, but there are no provisions reflected in Portuguese law
corresponding to these particular provisions of the Community Regulation.

Neither does any Portuguese airline apply this Regulation.

On 12 September, the airline SATA Internacional, without providing any explanation or information, and
after several hours of waiting, cancelled flight S4 125 from Lisbon to Ponta Delgada, and re-routed the
passengers on another flight, S4 221 from Lisbon to Ponta Delgada.

The airline refused to comply with the Community Regulation provisions referred to above.

What measures has the Commission taken to ensure that Community legislation on passengers’ rights is
transposed into Portuguese law and is respected in Portugal?

When does the Commission believe that Community legislation protecting passengers’ rights will be
applied in Portugal?

(1) OJ L 36, 8.2.1991, p. 5.

Answer given by Mrs de Palacio on behalf of the Commission

(8 December 2003)

Community legislation on compensation for denied boarding is in the form of a regulation, not a directive.
As such, it directly imposes obligations on air carriers and does not have to be transposed into national
law for the
law in order to apply. There is no need for provisions on denied boarding in national
regulation to be binding.

Council Regulation (EEC) No 295/91 (1) only covers denied boarding and not cancellations. It therefore
does not oblige air carriers to pay compensation in cases such as that mentioned in the question.

Nevertheless, the Commission believes that passengers should also enjoy rights if they suffer cancellation
or long delay of their flights and, in December 2001, presented a proposal for a new regulation covering
compensation and assistance in the event of denied boarding and of cancellation or long delay of flights (2).
This is presently going through the process of conciliation between the European Parliament and the
Council, as provided in Article 251 of the Treaty establishing the European Community. On 14 October
2003 the Conciliation Committee adopted a compromise text, on which the European Parliament will vote
on 17 December 2003. The Commission strongly hopes that the Parliament will approve the proposal.

(1) Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding

compensation system in scheduled air transport, OJ L 36, 8.2.1991.

(2) OJ C 103, 30.4.2002.