EU Enforcement Mechanisms: Passenger Rights and EC Regulation 261/2004

Liberalisation of the European air transport market in the 1990’s increased competition among airlines and resulted in lower fares. This led to Regulation EC 261/2004 which aimed to increase passenger rights; and whilst, law academics and the legal profession have dissected the Regulation alongside the respective Court cases that have aided the interpretation and application of such, the scope of this paper is to explore the enforcement mechanisms available to air travellers. In doing so, the role of and intervention by the National Enforcement Bodies (NEBs) is primarily considered, with specific focus on the Spanish authority. The research also encompasses some comparison study-analysis with the UK NEB processes to show the effectiveness of the authorities including commonalities and disparities. The research considers passenger rights’ within the broader scope of EU consumer protection, and the mechanisms that are also available to complainants, and finds that there are myriad of differences across the Member States in respect of ensuring compliance with Regulation 261/2004.