The European Ombudsman, P. Nikiforos Diamandouros, has commended the European Commission for its exemplary handling of a complaint concerning air passenger rights. A German traveller, whose Air France flight was cancelled, claimed not to have received any assistance or compensation from the airline involved or the responsible French supervisory body, with whom he could not communicate because of language problems. He alleged that the Commission had not fulfilled its responsibility to ensure that EU rules on air passenger rights are properly applied in the Member States.

The Ombudsman's investigation showed that the Commission had actively pursued the complaint. In the meantime, the airline compensated the complainant. The Ombudsman agreed with the Commission that the primary responsibility to ensure that air passenger rights are respected lies with the Member States. The Commission must ensure, however, that the Member States give effect to these rights. He, therefore, encouraged it to help national supervisory authorities to find better ways of dealing with language barriers that European travellers might encounter when they have problems.

Member States' responsibility to implement air passenger rights

In autumn 2007, a German traveller wanted to return from Madagascar to Germany, via Paris. However, his connecting Air France flight was cancelled because of a strike and he had to organise his own trip back. According to the complainant, he did not receive any assistance or compensation from the airline or the responsible supervisory body in France, the French Directorate-General for Civil Aviation (DGAC).

The complainant turned to the Commission for help but was not satisfied with its response. In his complaint to the Ombudsman, he alleged that the Commission failed to ensure that EU Member States are properly applying the rules on compensation and assistance to passengers, in the event of denied boarding and of cancellation or long delay of flights.

The Ombudsman's investigation showed that the Commission had actively pursued the complainant's case by ensuring that the DGAC took the necessary measures. The airline had, in the meantime, compensated the traveller. The Ombudsman welcomed the Commission's announcement that it would help national supervisory bodies to reduce language barriers for European travellers who encounter problems. He asked the Commission to update him on this issue by 31 October 2009.

The Ombudsman's decision is available at:

http://www.ombudsman.europa.eu/cases/decision.faces/en/4169/html.bookmark