Delays, cancellations and compensation: Why are air passengers still finding it difficult to enforce their EU rights under Regulation 261/2004

Drake, Sara ORCID: https://orcid.org/0000-0002-1464-3395 2020. Delays, cancellations and compensation: Why are air passengers still finding it difficult to enforce their EU rights under Regulation 261/2004. Maastricht Journal of European and Comparative Law 27 (2) , pp. 230-249. 10.1177/1023263X20904235

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Abstract

The aim of this article is to identify why air passengers travelling in the European Union, endowed with the highest standard of consumer protection in the world under EU law, are still being denied their rights and finding it difficult to seek effective legal redress. This article argues that the principal cause of airlines’ non-compliance is the poor regulatory design of Regulation 261/2004, which has been compounded by inadequate application by the Member States and regulatory resistance by the airlines. This contribution will then demonstrate how the European Commission (‘Commission’) has responded through the adoption of both deterrence and compliance-based enforcement strategies, and maps out the mechanisms, tools and actors harnessed by the Commission to create a complex hybrid, multi-layered system of enforcement. The article reveals that enforcement gaps persist and argues that the effectiveness of the regime is unlikely to improve without legislative reform.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Publisher:	SAGE
ISSN:	1023-263X
Date of First Compliant Deposit:	10 January 2020
Date of Acceptance:	22 December 2019
Last Modified:	29 Nov 2024 02:00
URI:	https://orca.cardiff.ac.uk/id/eprint/128430

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