A passenger departs from Larnaca for Brussels and arrives at their destination four hours later than scheduled. Another is informed at the airport that his flight has been cancelled, while a family loses their connection due to a delay in the first flight.
For many, this is just an unpleasant experience. In reality, however, European law confers important rights and, in many cases, the right to financial compensation.
The issue is now at the centre of European interest, following the recent political agreement on the biggest revision of air passenger rights since 2004. This development is of particular importance for Cyprus, which as an island state is highly dependent on air connections for tourism, trade and the movement of people.
The fundamental legislative act is Regulation (EC) 261/2004, which established common rights for passengers in cases of denied boarding, cancellation of flights and long delays.
It provides, under conditions, for compensation of €250 to €600, as well as the right to care with the provision of meals, refreshments, accommodation and transport when circumstances require it. At the same time, other European legislation strengthened the protection of passengers, such as Regulation 1107/2006 on persons with disabilities and reduced mobility and Regulation 1008/2008 which enshrined greater transparency in air ticket prices.
The real strengthening of passenger rights has, however, come to a large extent from the case law of the Court of Justice of the EU. Through a series of important judgments, the Court of Justice has expanded the protection of travellers and limited the possibilities for airlines to evade their obligations.
The decision in Sturgeon v Condor Flugdienst and Böck v Air France in 2009 was decisive. The Court held that passengers who arrive at their final destination three hours or more late are entitled to compensation, as in cases of flight cancellation. Equally important was the case of Wallentin-Hermann v Alitalia, where it was held that normal technical failures do not constitute 'extraordinary circumstances' relieving the airline of its liability. These decisions have created a new balance between passenger and airline, enhancing transparency, accountability and quality of service provided. At the same time, they made it clear that the commercial freedom of carriers cannot take precedence over the rights of consumers.
Over 30 new permissions
Recent European developments confirm that the issue remains at the heart of the European agenda. The new reform, which according to the latest estimates is expected to be implemented in the second half of 2027, aspires to largely codify the principles shaped by the jurisprudence of the last two decades.
At the same time, it introduces more than thirty new or clarified rights with the aim of making the rules clearer for both passengers and airlines. Among other things, it is provided that children under the age of 14 will be able to sit next to their parents or companions at no additional charge. Increased care and priority of service for vulnerable groups of passengers is also introduced, while transparency in charges is enhanced through a clearer presentation of the final ticket price, including hand luggage or wheeled baggage included in the service provided.
Of particular importance are also the new obligations to inform passengers, shorter complaint procedures and stronger re-routing rights when a flight is disrupted. At the same time, mechanisms are provided to facilitate the submission of compensation claims, reducing the bureaucracy that often discourages passengers from claiming their rights.
These changes are expected to be of particular importance for countries such as Cyprus, where air transport is a key prerequisite for economic activity, tourism development and social cohesion.
An important innovation is also the principle that the financial burden of compensation should be borne by the person who caused the disruption of transport, enhancing accountability throughout the aviation chain.
In the end, the most important contribution of European law is not only the provision of financial compensation in the event of inconvenience. It is the consolidation of the principle that the passenger is not the weak link in the transport chain, but the bearer of rights that are substantially protected by the legislation and jurisprudence of the European Union. This is one of the most tangible and everyday manifestations of European integration in practice.
* Lawyer in Larnaca
