• Minimum Passenger rights for ”inconvenience”

• Apart from Montreal Convention MC99

– Cancelled flights

– Denied boarding

– Assistance

EU Regulation 261/2004

European Court of Justice

• Sturgeon 19 November 2009 – Long delay (+3 hrs) = cancellation

• Nelson 23 October 2012 – Long delay confirmed

• And what about MC99?• Possible liability on Airlines approx 10 Billion USD

European Floodgates Open

• Flights < 1500 km 250 euro • Flights >1500 km within EU 400 euro and all other flights between 1500-3500 km• All other flights EU – US 600 euro

• Airline burden of proof for – Extraordinary circumstances – All reasonable measures

Compensation Levels - Defences

EU Comission proposal

• Proposal March 13, 2013, few examples – Confirms Sturgeon/Nelson, right to delay compensation

– New Deadlines for delay compensation 5, 9 or 12 hrs

– Limitations re assistance, accommodation limited to maximum 3 nights and 100 euro per passenger and night.

– Clarifying ”extraordinary circumstances”

– Tarmac delay right to disembarkation after 5 hrs

– Right to rerouting via other carriers or other transport modes after 12 hrs

• New compensation levels– 300 euro all intra EU flights + all other flights less than 3500

km 600 euro for all other flights

• New thresholds – 3 hrs all intra EU flights + all other flights less than 3500 km– 5 hrs for all other flights– Tarmac delay right to disembarkation after 2 hrs

• Accommodation limited to 100 euro per day and person but not in time

European Parlament

European Council

• Non official report June 5, 2014 – Agrees with EU Comission proposal– Two meetings under Lithuania Presidency. – One thing clear Council will reject Parlaments proposal

Under Lithuania Precidency 2 meetings, last one april 20. Luxembourg Precidency, from July 1, 2015, next meeting this fall

European Council

Trilog

• Informal negotiations between – Comission - Parliament - Council

• Revised 261/2004 maybe in force July 1, 2016 or January 1 2017

So what will be the final amendment to 261?

Trilog