Top lawman at European Court of Justice backs passenger's rights

4.58.54pm BST (GMT +0100) Thu 8th Sep 2005

Liz Lynne MEP welcomed the decision to dismiss the arguments against passenger compensation from the Advocate General of the European Court of Justice. New EU legislation came into force in February meaning that for the first time passengers whose flights have been cancelled or delayed must be compensated for their inconvenience. This applies to all airlines and flights flying to or from an EU airport. Today's suggestion by the Advocate General would uphold the legislation if adopted by the Court.

Liz Lynne MEP, upon learning of the Advocate General's decision, said:

"I am pleased that the Advocate General has decided to side with passengers on the issue. It is an absurd notion that airlines should be allowed to inconvenience their paying customers without any consequences.

"Passengers are customers - there is no reason for them to not be compensated when the service they have paid for is not provided.

"I hope passengers use the new regulation and insist upon compensation. It will force the airlines to provide a better service to us all, and make it a more reliable form of transport.

"If low cost airlines are here to stay, as looks likely, then they cannot build their businesses on the basis of cutting corners and overbooking. Customers should have rights to fair treatment and protection from shoddy service even when they might be getting a bargain if all goes well."

ENDS.

Notes To Editors

IMPORTANT: The Advocate General's Opinion is not binding on the Court. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Judges of the Court of Justice are now beginning their deliberations in this case. Judgment will be given at a later date.

If a flight is cancelled, passengers will receive compensation in line with the distance they would have been travelling: 250 euro (£170) for flights less than 1,500 km, 400 euro (£275) for flights between 1,500 and 3,500 km and 600 euro (£420) for flights of more than 3,500 km.

When flights are delayed for more than 2 hours on short flights and 4 hours on longer flights, passengers will have the right to meals and refreshments, as well as telephone calls, fax or e-mails, all free of charge. If the departure time is not until the next day, passengers will be offered hotel accommodation and transport to and from the hotel. If the delay is over five hours, passengers will be able to choose between reimbursement [airlines will have seven days within which to make the payment] of the ticket at the price at which it was bought or a return flight to the initial point of departure.