EU Air Passengers’ Rights Past, Present, And Future: In an Uncertain World (Regulation (EC) 261/2004: Evaluation and Case Study)

Passenger rights have continued to be strengthened following deregulation in the European Union (EU—previously the European Community) with common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, and long flight delays. In January 2020, the European Commission (EC) stated that “these rights need to be better known and easier to understand and enforced.” This article considers the emerging role of Claims Management Companies (CMCs) as a step to aid passengers in achieving redress against airlines, undertaking a case study of a CMC in Spain. The research also addresses the complexities of airline passenger rights, for within a short period of time of the EC’s making this statement, COVID-19 struck Europe. The year 2020 will no doubt turn out to be one of the most complex and difficult years for aviation as airlines fight to stay afloat and face market and regulatory uncertainty, especially regarding potentially increased passenger rights.

The article concludes by making recommendations for regulatory revisions in this uncertain period.