COMPLAINTS RESULT OF EC MISINFORMATION SAYS ERA

25/05/2005

Claims by the European Commission (EC) that passenger complaints have risen tenfold since the implementation of the new legislation governing air passenger rights are as misleading as the erroneous information that the EC distributed to air passengers when Regulation 261/2004 came into force, says the European Regions Airline Association (ERA).

Leaflets, posters, videos and other documentation sent out by the EC contained known errors and increased passengers' compensation expectations beyond the requirements of this new legislation. They have led to widespread confusion among passengers and incorrect media reports. Passengers have been led to believe that they are entitled to compensation when their flights are delayed - this is not the case. ERA lodged a complaint of maladministration against the EC because of the incorrect and misleading information that the EC persists in publishing. The European Ombudsman has given the EC until 31 July to answer the charges.

“According to the EC’s own figures, this level of complaints represents 20 a day, in other words less than one a day per member state. When put in the context of about 1.5 million passengers who travel in Europe every day, this means that only one passenger in every 75,000 is complaining to the EC,” said ERA Director General, Mike Ambrose.

Commenting on the claims that the designated national bodies are having problems handling the complaints, Ambrose said: “ERA warned the EC and Ministers during the drafting stage that this law is ambiguous – even the EC has proved that it does not understand it. It would therefore be hardly surprising that the complaint handling bodies would experience difficulties, although I am not aware of any evidence that suggests that any real problem exists,” said Ambrose.

The ERA Directorate has repeatedly asked the EC to provide information regarding passenger complaints that it has received in respect of Regulation 261/2004 and the EC has continually failed to do so. "The EC's accusations of a massive increase in complaints must be in doubt until it produces the evidence," said Ambrose.