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Icelandic ash cloud still hanging over European law

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The eruption in 2010 of the Icelandic volcano Eyjafjallajökull, and the subsequent cost to airline companies whose passengers suffered from the consequent disruption, have prompted a re-think of the European rules covering such unusual occurrences. European Commission officials indicated that they have been listening to the airline companies’ arguments, regarding the length of time they should be expected to fund stranded passengers when such ‘extraordinary’ events occur.

Siim Kallas, Europe’s transport commissioner, has launched a review of the passenger-rights laws that were passed in 2005. As a result, the Commission is expected to put forward new legislation this year.It is anticipated that the legislation will limit the responsibility of airlines to care for passengers stranded by circumstances beyond their control. However, there may be some disagreement in Europe over the best way to proceed in such matters.

For example, Yves Bot, who is the Advocate-General for the European Court of Justice, has published an opinion on a case currently before the court. The case involves a Ryanair passenger who claimed she was not sufficiently compensated by the airline for the week she spent stranded in Portugal due to the ash cloud.

Ryanair had claimed that the closure of airspace by safety regulators went beyond the ‘extraordinary circumstances’ referred to under EU regulations, and that therefore they should not have to pay customers’ expenses for more than three days.

The Advocate-general appeared to disagree with the airline and the Commission, saying: ‘the provision of care is particularly important in the case of extraordinary circumstances which persist over a long time’.

Bot also declared that: “A limitation of the obligation to provide care would in some measure deprive the EU legislation of its effectiveness, since after a few days the air passengers concerned would be abandoned to their fate”.

He also pointed out that airlines could pass on costs, incurred through the current regulations, to their customers through higher fares. The opinion given by the Advocate-General is not legally-binding, but the court generally follows his opinion. However, the airlines may be hoping for a different outcome.

Related story:

FT


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