AIR PASSENGER RIGHTS BEFORE, DURING, AND AFTER COVID-19 passenger rights in practice, identifying their shortcomings. Addressing one of the most critical issues, Chapter 4 examines the concept of extraordinary circumstances, allowing the airline to avoid compensation payments in the event of flight cancellations or delays. Through the presented chapters, the paper will indicate the direction in which the development of air passenger rights is heading and analyse the practical implications of enforcing these rights. 2. SCOPE OF REGULATION 261/2004 The application of passenger rights is limited to three main areas: (i) when passengers are involuntarily denied boarding, (ii) in the event of flight cancellation, and (iii) flight delays.5 In essence, passengers are only empowered to rely on their rights introduced by Regulation 261/2004 under these three specified circumstances. a. Denied boarding Denied boarding occurs when passengers are denied transportation on a flight, despite their intention or will to board, unless justified reasons such as health and safety, security concerns or inadequate travel documents exist.6 The previously applicable Regulation No. 295/917 specifically recognized denial of boarding only in cases where passengers were denied access to the flight due to overbooking.8 This provision enabled carriers to protect themselves against passengers who might alter their plans and not attend the flight. As the CJEU explained in Finnair, Regulation 261/20004 does not specify the grounds on which an air carrier refuses to carry a passenger.9 In doing so, the EU legislator expanded the definition of »denied boarding« which now covers not only overbooking but all circumstances in which an air carrier might refuse to carry a passenger. b. Cancelled flight Regulation 261/2004 defines the term »cancellation« as non-operation of a flight which was previously planned and on which at least one seat was 5 Art. 1 of the Regulation. 6 Art. 2(1)(j) of the Regulation. 7 Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport. 8 Ibid, Art. 1. 9 Case C-22/11, Finnair of 4 October 2012, paras. 21-26.
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