UNION REGULATIONS ON PASSENGER RIGHTS IN CASE OF FLIGHT CANCELLATION, REFUSAL AT BOARDING OR LONG DELAY OF FLIGHTS

ELISE NICOLETA VÂLCU

Abstract


The European Union is a "supranational governance" structured by its well-defined institutions. The decision-making triangle formed by the Commission, the Parliament and the Council legislate in agreement or consultation, covering the whole picture of policies developed at EU level and implemented at Member State level. Among the most important developed policies, it is necessary to mention the freedom of movement of the Union nationals, freedom of movement of goods and services, judicial cooperation in criminal matters, etc. Freedom of movement implies a series of segmental rights, such as the right to temporary or permanent residence, the right to work, to travel and study, etc. The Union law system identifies legal instruments to regulate the rights of passengers traveling within the Union, from the Union to a third country, or arriving in the territory of a Member State irrespective of the type of transport, air, rail, water or road.
At present, in the field of air transport we identify Regulation no. 261/2004 on the right to compensation and assistance to passengers in the event of refusal of boarding and cancellation or long delay of flights, which is part of a comprehensive package of legislation aimed at protecting consumers in general across the European Union.

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References


Regulation (EC) No. No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights

Council Regulation (EC) No 889/2002 of the European Parliament and of the Council on the liability of carriers of aircraft in the event of accidents.

Regulation 1896/2006 of the European Parliament and of the Council of 12 December 2006 setting up an European Order for Payments Procedure

Regulation (EC) no. Regulation (EU) No 1215/2012 of the European Parliament and of the Council ("Brussels I Regulation")

Directive (EU) 2015/2302 on package travel and associated travel formulas

Case C-173/07, Emirates Airlines, ECLI: EU: C: 2008

Case C-83/10, Sousa Rodríguez and Others, ECLI: EU: C: 2011: 652

Joined Cases C-402/07 and C-432/07, Sturgeon and Others, ECLI: EU: C: 2009: 716

Case C-549/07, Wallentin-Hermann, ECLI: EU: C: 2008: 771




DOI: https://doi.org/10.15837/aijjs.v13i1.3730

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