Proposed revisions of regulation 261/2004: Endangering passengers’ rights and going against the international trend?

Defossez, Delphine (2021) Proposed revisions of regulation 261/2004: Endangering passengers’ rights and going against the international trend? Journal of Air Transport Management, 91. p. 102008. ISSN 0969-6997

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Abstract

This paper analyses the 2020 revisions of Regulation 261/2004 published in February from a passenger perspective. While current Regulation 261 is criticised for being too consumer-friendly, the proposal takes the opposite stand. As it now stands, the proposal endangers passengers’ rights by increasing delay and cancellation lengths or by excluding delays at non-EU airports. The inclusion of tarmac delay could result in abuses from airlines. While bringing some clarity, the exhaustive list of extraordinary circumstances also creates new questions. The proposal also includes well-overdue changes such as the inclusion of missed connecting flights and a stronger role for National Enforcement Bodies (NEBs). Overall the proposal weakens passenger rights without real justifications.

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