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Possible inclusion of air passenger rights in EU collective redress system

ERA would like to bring members attention to an issue of considerable concern for its airline community regarding the EU air passenger rights regulations, EU261.

It is understood that on 11 April 2018, the European Commission, led by DG Justice, will publish a proposal to revise the 2009/22/EC Injunctions Directive with the introduction of measures of collective redress which may include air transport.

The Impact Assessment of the Proposal to revise Regulation 261 highlighted the balancing of passenger rights with the financial implications on industry: lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2013:0062:FIN:EN:PDF

Historically, industry and the Commission have seen Regulation 261 as a claim-based consumer protection legislation, however the provision for the right to compensation through a collective redress mechanism could very well run counter to that principle. A collective redress mechanism would result in a considerable increase of costs of a regulation already considered worldwide as one of the most expensive in our sector.

ERA has therefore been working with industry associations across Europe to lobby against the inclusion of air passenger rights regulations (in particular EU261) in the scope of the EU collective redress system.

A joint association letter to the EC is available to members upon request. Please email Caroline.Osullivan@eraa.org.