Air transport: the lack of protection of the European Consumers

 

Air transport: The lack of protection of the European Consumers

A meaningful letter from the EUROPEAN COMMISSION

by Didier Bertin - 27 May 2011

 

We have informed the European Commission of the known general attitude of air carriers and we sent them the report of EURO INFO CONSUMERS and unofficial information given by the French DGCA; their reply is meaningful regarding the limited interest for the European consumers:

According to this reply the consumers must eventually solved their problems alone and individually when the European regulations are not respected and cannot rely on the European Commission or on National bodies in charge of enforcement of the European rules:

Their letters attached here below indicates that:

1-The European Commission has no authority to impose the application of European regulations. 

2-The European Commission may only intervene if a member state clearly fails to take steps in order to enforce the application of European regulations. 

3-Member States should establish National Bodies in charge of the enforcement of the European regulations. 

4-These bodies handle the complaints of consumers and give advices but have paradoxically no authority to enforce the regulations. 

5-The European citizens must not rely on the European Commission, nor the national bodies to enforce European regulations but must seek individually the support of a legal advisor and initiate legal action against the delinquent. 

6-If citizens do not act quickly their rights may become invalid.

 

It seems that the European Union as the should fear that its own institutions as much as the Eurosceptics

Here below our letter and the reply from the European Commission.

 

1-Our letter 

EUROPEAN COMMISSION

Mr. Siim KALLAS- Commissioner

Transports

 

4 April 2011

 

Object : NON APPLICATION OF EUROPEAN REGULATIONS IN TRANSPORTS

 

 

Dear Sir

I am aware of the problems regarding difficulties to convince member States member to implement the European rules.

Now I discover that even commercial companies have decided not to apply the European regulations and this for many years without apparent penal steps against them.

The culprits are the main European Air transporters which refuse to apply the regulation 261-2004.

The French DGAC mentioned to me 5000 pending cases and the EURO-INFO-CONSOMMATEURS -ECC 900 case for the sole year 2010..

I send you their report in attachment.

The situation appears to be chaotic.

 
Does the European Commission intend to do something to solve immediately the problem and thus protect the European citizens?

Will sanctions be taken against these companies?

……

This type of situation has a very bad effect on the European Union reputation and this is unfortunate. You are aware of the increasing massive abstention to the elections of the European Parliament.

Yours Sincerely,

Didier BERTIN

 

 

 

 

2-Their reply

 

EUROPEAN COMMISSION

DIRECTORATE –GENERAL FOR MOBILITY AND TRANSPORT

DIRECTORATE A-General Policy

A.4-Services of General interest, passenger right & infringement

Brussels 10 May 2011

MOVE.A4/KK/az D (2011)499196- 03.13.02.07.06.F010

 

Dear Mr. Bertin,

Thank you for your email of April 5 2011, sent to the mailbox of Vice President Siim Kallas concerning Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. Vice President Kallas has asked me to reply to your query.

Let me first of all state that the enforcement of the regulation 261/2004is a national responsibility. Member States have to establish National Enforcement Bodies (NEBs) whose main tasks are to deal with complaints from passengers and ensure that air passenger rights are properly respected. The European Commission has no competence to enforce the regulation. It considers that it should intervene only if there is a pattern of cases which show that a member State is failing to enforce the Regulation. The Commission organizes regular meetings and keeps constant contacts with these National Enforcement Bodies to ensure that air passenger rights are implemented in a harmonized way. The Commission is, therefore, constantly monitoring the situation.

This being said, I would like to point out that the handling and settling of passenger complaints relating to the Regulation on air passengers rights must be done first by the airline company, and then, if the passenger is still dissatisfied , by the competent National Body, or by the competent national jurisdiction.

You will find additional information and list of all national enforcement bodies on the following website: http://ec.europa.eu/transport/passenger/air/air_en.htm.

 

Furthermore, I would like to point out that, although the NEB can provide you with a reasoned opinion on the case, its decision is not legally binding. Therefore, it may be in your interest also to take a legal advice on using the means of redress available at national level if you feel that your rights have not been respected. However, since there is a time limit on most means of redress, you may forfeit your rights if you do not exercise them quickly.

Yours sincerely,

Salvatore D’ACUNTO

Head of Unit