EU Enforcement Mechanisms: Passenger Rights EC Regulation 261/2004

Article


Fox, S. and Martín-Domingo, L. 2019. EU Enforcement Mechanisms: Passenger Rights EC Regulation 261/2004. Annals of Air and Space Law.
AuthorsFox, S. and Martín-Domingo, L.
Abstract

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.

JournalAnnals of Air and Space Law
ISSN0701-158X
Year2019
PublisherMcGill Institute and Centre of Air and Space Law
Accepted author manuscript
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Anyone
Publication process dates
Accepted01 Jul 2019
Deposited10 Jul 2019
Copyright holder© 2019 McGill University Centre for Research on Air & Space Law.
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