ISSN 2184-8793 ISSNe 2975-9056 c. Flight delay Following Article 6 of the Regulation a flight delay refers only to the delay experienced at departure.20 Nevertheless, according to the CJEU, the definition of delay is broader and includes the late arrival of the aircraft at its final destination as well.21 3. Air passenger rights a. Right to complaint to the Authority Responsible for Implementing Regulation 261/2004 Member States are required to designate an authority responsible for implementing the Regulation,22 enabling passengers to address any complications when exercising their rights. Despite the intended protection of passengers, these authorities are often the reason for the Regulation’s ineffectiveness. Specifically, the practice of those authorities is uncoordinated among Member States.23 Their inadequate response to the CJEU's case law leads to inconsistent application of the Regulation's provisions. For example, in line with the CJEU's case law technical issues generally do not represent extraordinary circumstances, as will be discussed below, which would exempt the carrier its liability.24 However, some national authorities do not take this into account when assessing such cases.25 Consequently, passengers in certain Member States are not granted the compensation to which they are entitled. b. The carrier's obligation to inform passengers of their rights The scope of informing passengers about their rights is not extensively addressed in the Regulation, as the air carrier is only required to inform passengers of their rights in case of flight cancellation, delay or denied boarding.26 This follows from a generic provision mandating the placement of a notice beside each check-in counter, which shall state that »If you are denied boarding if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance«. Unlike other consumer protection legal acts, the duty to inform introduced by the Regulation is remarkably shallow.27 This has been taken into consideration by the European Commission when adopting the Amendment Proposal to the Regulation in 2013, expanding the duty to information to details regarding the procedures for handling claims and complaints related to Regulation rights and appropriate contact address of the airline where passengers can send claims and complaints.28 It is evident that there is still a great lack of awareness among passengers regarding the existence of their rights.29 Only 14 % of European citizens are said to be aware of their rights guaranteed by 20 Art. 6 of the Regulation. 21 Case C-11/11, Air France SA of 26 February 2013, paras. 29 and 30. 22 Art. 16(1) of the Regulation. 23 Pantazi, 2020, p. 1103. 24 Case C-549/07, Wallentin-Hermann of 22 December 2008. 25 Pantazi, 2020, p. 1103. 26 Art. 14 of the Regulation. 27 Luzak, 2015, p. 9. 28 Recital 22 of the preamble of the Regulation. 29 Court of Auditors, Special Report 15/2021: Air passenger rights during the COVID-19 pandemic, p. 18.
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