INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 1. INTRODUCTION Regulation (EC) No 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights (“Regulation 261/2004” or “the Regulation”) aims at guaranteeing air passengers’ rights in case they are unable to travel due to any reason that is out of their control. Since its adoption, the Regulation suffers from ineffective enforcement, noncompliance and inconsistencies in its interpretation. Framed with in dubio pro consumatore perspective, the Regulation imposes a disproportionate burden on the airlines, but simultaneously, passengers are confronted with ineffective enforcement of their rights - a concern that became more evident during the pandemic of COVID-19. Due to the Regulation’s vague wording, the Court of Justice of European Union (“the CJEU”) adopted an excessive amount of case law in attempt to clarify its provisions. The lack of passenger awareness and issues with the enforcement of their rights undoubtedly call for a reform, the initiation of which is apparent from the Proposal for a revision of the passenger rights regulatory framework2, adopted by the European commission on 29 November 2023.3 Overall, the reform does not establish any new passenger rights as such. The Commission, already in 2013, proposed changes the Regulation, thus in the Commission’s view, the rules proposed in 2013 are still fit for the purpose.4 The paper analyses key aspects of the Regulation through the CJEU’s interpretation, while highlighting additional dilemmas observed during the pandemic, and discusses the current state of air passenger’s rights. Following the introduction, Chapter 2 provides a brief overview of the scope of the Regulation, which is limited to denied boarding, flight cancellations, and delays. The chapter addresses the general significance of terms and relevant case law adopted by the CJEU. From the general overview of the Regulation's scope, outlined in Chapter 2, which sets boundaries of passenger rights, the discussion in Chapter 3 focuses on individual air 2 The passenger rights regulatory framework consists of five Regulations: Regulation (EC) No 261/2004 and Regulation (EC) No 1107/2006 for air, Regulation (EU) No 1177/2010 for waterborne, Regulation (EU) No 181/2011 for bus and coach, and Regulation (EU) 2021/782 replacing Regulation (EC) No 1371/2007 for rail transport. 3 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union of 29 November 2023. 4 Ibid., p. 3.
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