European court advisor dismisses filing against EU airline regulations

Airline Industry Information, Sept 9, 2005

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Stranded airline passengers have the right to a hotel room, food and cash, the European Court of Justice has said, referring to the Advocate General.

Airlines have reportedly challenged new European Union rules stating that passengers have to be compensated for overbooking, long delays and cancellations. The regulations, which stepped into force in February this year, were challenged in court by the airlines, Reuters reported. The challenge has however been dismissed by the European Court of Justice. The court, which quoted the Advocate General, said that obligations detailed in the regulations are suitable and proportionate for reducing trouble and inconvenience for passengers. Based on this, the court said that the Advocate General Leendert Geelhoed suggested that the regulations should be considered valid.

The court case was filed by the International Air Transport Association (IATA) and the European Low Fares Airline Association. In the complaint to the court, airlines claimed that the regulations infringe on international agreements, breach legal principles and give other types of transport unfair advantages, The Associated Press said, adding that while the recommendation from the Advocate General is not binding, the final rulings are based on the recommendations 80% of the time. The final ruling is reportedly not expected for several months.

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