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Proposed revision of air passenger rights

Proposed revision of air passenger rights. G dansk International Air & Space Law Conference 15 November 2013, Gdansk. Four elements of the Commission proposal. Compensation for long delays at arrival Clear and strict definition of extraordinary circumstances 3. Enhanced rights

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Proposed revision of air passenger rights

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  1. Proposed revision of air passenger rights Gdansk International Air & Space Law Conference15 November 2013, Gdansk Jean-Louis Colson, Head of Unit European CommissionPassenger Rights Unit – DG MOVE

  2. Four elements of the Commission proposal • Compensation for long delays at arrival • Clear and strict definition of extraordinary circumstances • 3. Enhanced rights • 4. Simplification of complaint-handling and coordination of enforcement

  3. 1. Compensation for long delays at arrival • Inclusion of the Sturgeon ruling within the proposal BUT • Compensation after 5 hoursfor all EU flights and flights of less than 3500 km • (9 hours for flights between 3500km and 600 km; • 12 hours for flights of less than 6000 km)

  4. 2. Clear and strict definition of extraordinary circumstances • EU case-law included (Wallentin) • One and the same extraordinary circumstance can concern maximum 2 flights • Binding but non exhaustive list in an annex • Mechanism to clarify the list in view of practice

  5. 3. Enhanced rights (1) • Obligation to reroute with other air carriers or other transport modes • Assistance and compensation in case of missed connecting flights • Partial use of return tickets • Inclusion of tarmac delay • Care after two hours for all delayed flights • Possibility to correct misspelled names

  6. 3. Enhanced rights (2) but necessity to take into account financial burden on air carriers • Limitation of care in case of extraordinary circumstances: 3 days and 100 euro per night (with nuances and exceptions to the rule)

  7. 4. Simplification of complaint-handling and coordination of enforcement • Deadlines for all • Out-of-court complaint handling bodies • Enhanced coordination and exchange of information between NEBs and Commission • Common investigations • Commission recommendations • Baggage rules

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