Discuss and critically assess these regulations and how they provide protection to passengers in Europe.

Assignment Brief

Details of assignments are followed, passengers under the denied boarding and cancellations regulations 241/2006 as well as the reduced mobility regulation 1107/2004 have significant rights.

1. Discuss and critically assess these regulations and how they provide protection to passengers in Europe.
2. Consider Wether Brexit may impact the current rights passengers enjoy?

Sample Answer

Protection of Air Passengers under EU Regulations 261/2004 and 1107/2006: A Critical Assessment and Brexit Implications

The European Union has established robust regulatory frameworks to safeguard the rights of air passengers. Two key instruments are Regulation (EC) No. 261/2004, which governs denied boarding, flight cancellations, and long delays, and Regulation (EC) No. 1107/2006, which ensures the rights of passengers with reduced mobility. This essay critically examines the protection these regulations offer and evaluates their continued applicability post-Brexit.

Regulation (EC) No. 261/2004: Denied Boarding and Cancellations

This regulation provides a unified approach to passenger compensation and assistance in cases of:

• Denied boarding (due to overbooking)

• Flight cancellations

• Long delays (typically 3+ hours)

Passenger Rights Include:

• Compensation: Ranging from €250 to €600 depending on flight distance and delay.

• Assistance: Meals, refreshments, accommodation, and communication facilities during disruption.

• Re-routing or refund: Choice between alternative transport or a full ticket refund.

Critical Analysis:

• Strengths: Uniform compensation rights; clarity in legal framework; strong enforcement by EU courts.

• Limitations: Exemptions apply in “extraordinary circumstances” (e.g., severe weather), which can be vague and often contested. Airlines sometimes avoid compensation using this clause.

• Enforcement: Varies across member states; some lack strong enforcement bodies, reducing the regulation`s effectiveness.

Regulation (EC) No. 1107/2006: Rights of Passengers with Reduced Mobility (PRM)

This regulation seeks to ensure non-discrimination and accessibility for PRMs in air travel within the EU.

Key Provisions:

• Prohibits refusal to board based solely on disability (with safety exceptions).

• Requires free assistance at airports and on board.

• Obligates operators and airports to provide proper training to staff on disability awareness.

Critical Assessment:

• Positive Aspects: Empowers PRMs; promotes inclusion; obliges service providers to plan accessibility.

• Weaknesses: Implementation standards vary; passengers may still face stigma or inadequate assistance; limited enforcement mechanisms.

Brexit and Its Implications

Before Brexit, the UK was fully bound by EU aviation laws. Post-Brexit, the UK incorporated these into domestic law through the EU Withdrawal Act 2018. However, divergence is possible over time.

Current UK Position (Post-Brexit):

• Regulation 261/2004 is retained as UK261.

• Regulation 1107/2006 remains applicable, but long-term status may change depending on future legislation or trade deals.

Potential Impacts:

• Short-Term: Minimal change; same rights largely retained.

• Long-Term: UK could modify or dilute protections, e.g., redefining “extraordinary circumstances” or compensation thresholds.

• Jurisdictional Issues: Cross-border disputes may arise for flights involving both the EU and UK.

Continued...