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Minimum Passenger rights for ”inconvenience” Apart from Montreal Convention MC99 – Cancelled flights – Denied boarding – Assistance EU Regulation 261/2004.

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Presentation on theme: "Minimum Passenger rights for ”inconvenience” Apart from Montreal Convention MC99 – Cancelled flights – Denied boarding – Assistance EU Regulation 261/2004."— Presentation transcript:

1 Minimum Passenger rights for ”inconvenience” Apart from Montreal Convention MC99 – Cancelled flights – Denied boarding – Assistance EU Regulation 261/2004

2 European Court of Justice Sturgeon 19 November 2009 – Long delay (+3 hrs) = cancellation Nelson 23 October 2012 – Long delay confirmed And what about MC99? Possible liability on Airlines approx 10 Billion USD European Floodgates Open

3 Flights < 1500 km 250 euro Flights >1500 km within EU 400 euro and all other flights between 1500-3500 km All other flights EU – US 600 euro Airline burden of proof for – Extraordinary circumstances – All reasonable measures Compensation Levels - Defences

4 EU Comission proposal Proposal March 13, 2013, few examples – Confirms Sturgeon/Nelson, right to delay compensation – New Deadlines for delay compensation 5, 9 or 12 hrs – Limitations re assistance, accommodation limited to maximum 3 nights and 100 euro per passenger and night. – Clarifying ”extraordinary circumstances” – Tarmac delay right to disembarkation after 5 hrs – Right to rerouting via other carriers or other transport modes after 12 hrs

5 New compensation levels – 300 euro all intra EU flights + all other flights less than 3500 km 600 euro for all other flights New thresholds – 3 hrs all intra EU flights + all other flights less than 3500 km – 5 hrs for all other flights – Tarmac delay right to disembarkation after 2 hrs Accommodation limited to 100 euro per day and person but not in time European Parlament

6 European Council Non official report June 5, 2014 – Agrees with EU Comission proposal – Two meetings under Lithuania Presidency. – One thing clear Council will reject Parlaments proposal Under Lithuania Precidency 2 meetings, last one april 20. Luxembourg Precidency, from July 1, 2015, next meeting this fall European Council

7 Trilog Informal negotiations between – Comission - Parliament - Council Revised 261/2004 maybe in force July 1, 2016 or January 1 2017 So what will be the final amendment to 261? Trilog


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