Proposed revision of air passenger rights

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Proposed revision of air passenger rights

• Gdansk International Air Space Law
  Conference15 November 2013, Gdansk

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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

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1. Compensation for long delays at arrival

• Inclusion of the Sturgeon ruling within the
  proposal
• BUT
• Compensation after 5 hours for 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)

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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

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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

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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)

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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