European Union Transport Ministers will vote on a renovation of Regulation 261/2004, which for two decades have protected the rights of air passengers in flight delays throughout the European space. The proposal under discussion may represent a significant retreat in these guarantees.
According to Airhelp, a company that specializes in compensation for air passengers, the new proposal will allow flights to be delays of up to 12 hours without companies being required to compensate customers.
According to the same source, this change would weaken the current consumer protection legislation in commercial aviation by 85%.
Arguments in dispute
The Airlines for Europe Association (A4E) states that the change would contribute to avoid unnecessary cancellations.
It writes that 70% of canceled flights could be maintained if the proposal is approved, reducing operating costs.
However, according to Airhelp, these arguments are considered misleading.
The company claims that cancellations cause costs higher than delays, such as reimbursements, reemptions and disorganization of routes, and is therefore unla’s to be avoided by a legal change.
Consequences for consumers
The proposal is seen as a relief from the legal obligations of airlines, at a time when they are already exempt from compensation whenever the delay cannot be imputed to them.
According to Airhelp, this new writing transfers operators’ costs to passengers, reducing pressure to ensure punctual flights.
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Criticized legislative process
In addition to the content of the proposal, the method of adoption is also generating controversy.
It refers to the same source that the European Union Council intends to advance based on a position of the European Parliament dated 2014, thus avoiding public scrutiny and updated parliamentary debate.
According to Tomasz Pawliszyn, executive director of Airhelp and president of the Association of Passenger Rights Advocates (APRA), it is “an abrupt cut in a acquired right”, in a process that classifies as “accelerated and opaque”.
Petition against the proposal
To stop the advance of the proposal, APRA launched a public petition.
According to Airhelp, more than 30,000 people have already signed the appeal against this reform, which considers a step back in protecting European consumers.
An uncertain scenario
The final decision will be made among the Member States.
According to the balance of, countries such as Germany and Spain have expressed opposition to change the rules, but only a minority of blocking could prevent the regulation from being reviewed in the proposed molds.
If approved without changes, the new legislation may profoundly change the rights of passengers in case of delay.
It can thus increase the minimum times for compensation and decrease the responsibility of carriers.
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