Air passenger rights: The CJEU amends its rules

It had been born however for more than a decade, the European law defending and preserving the rights of the air consumers, was not enough to defend every time the passengers confronted during their travels with multiple inconveniences.

In 2018, several legal decisions were revealed by the European Parliament, 5 of which were considered the most important by Flightright:

Confirm your presence on the plane? Dated February 14, 2018, this regulation requires the passenger to show evidence that he was aboard his plane on the day of the flight.

The passenger must prove that he was on the plane to be compensated!

This decision was scandalous. According to Pauline BĂ©rino, a collaborating lawyer in the German cabinet. This regulation only obstructs justice. The steps for the constitution of the file can be longer. So, to be eligible to claim compensation from an airline, electronic booking is not enough. We must now present a boarding pass or baggage tag. These are documents that are not usually kept.

Missing a connecting flight because of a delay on the departure flight, we can now claim compensation before departure or after the arrival of the return flight. This is a decision that comforts air consumers. Validated on March 18, 2018, it puts an end to the maneuvers of air transport companies to avoid paying compensation to passengers who miss their connections, and who can not generally build their cases and go to court in a foreign country.

On 17 April 2018, the Belgian air carrier TUI Fly saw its air traffic disrupted because of a surprise strike by members of the flight crew. He thus refused to compensate his passengers under the pretext of being confronted with a case of exceptional circumstance because this movement was not planned. The Court of Justice of the European Union reacted quickly to the decision taken by the airline of Belgium by unveiling a new law condemning the air carriers to settle a financial compensation for the benefit of their customers whatever the reasons leading to the strike, and without taking into consideration that they were planned or triggered suddenly by the Cabin Crew or other employees of the company.

Missing his stopover flight outside the European Union knowing that his departure link took place from an EU airport? Previously, the airlines refused to offer compensation to passengers missing their correspondence because the second flight is scheduled from an airport located in a country that is not a member of the EU. The European Court of Justice has changed this regulation by announcing on June 1, 2018 that it is sufficient that the initial flight takes off from a European city to be eligible for compensation.

On July 4, 2018, the CJEU amended its regulation concerning airlines renting aircraft by announcing that air carriers selling air tickets are those responsible for delays on flights.