ISSN 2184-8793 ISSNe 2975-9056 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 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 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. 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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