The implementation of ADR in passengers air transport: an analysis of the Spanish experience Aránzazu Pérez Moriones1 I. Introduction. – II. Supervision and enforcement with Community regulations concerning air passenger protection. 1. The limited provisions on compliance, claims, and sanctions. 2. The early recognition of its inefficiency. Towards future implementation of alternative dispute resolution in air transport. – III. The Alternative Dispute Resolution Procedure regulated by Order TMA/201/2022.1. Preliminary: the limited effectiveness of AESA as the body responsible for the enforcement of Regulations No. 261/2004 and No. 1107/2006. 2. AESA as an Alternative Dispute Resolution Entity: The Procedure Regulated by Order TMA/201/2022. 2.1. Scope of application. 2. The prior complaint to the airline or airport operator as a prerequisite for admissibility. 2.3. Principles of the procedure. 2.4. Alternative Dispute Resolution Procedure. – IV. Final considerations. – V. Bibliography. Air passenger transport is an activity that generates a high level of conflict. Despite this, none of the alternatives provided by Spanish legislation to date offer effective protection to passengers affected by any type of issue leading to a violation of their rights. On the one hand, filing a lawsuit in court is a daunting process for the average passenger, usually a consumer, due to the “barriers” to access to justice and the wear-and-tear tactics employed by airlines. On the other hand, the effectiveness of complaints submitted to the State Aviation Safety Agency, responsible for enforcing Regulations No. 261/2004 and No. 1107/2006, is extremely limited. Therefore, a procedure for alternative dispute resolution (ADR) for air transport users initially appears to be an optimal solution to ensure adequate protection for passengers. This paper aims to analyse this newly implemented procedure in Spain. Keywords: air transport, passenger rights, Regulation No. 261/2004, Regulation No. 1107/2006, alternative dispute resolution, procedure. DOI 10.60559/ijtthl2025-003 1 Full Professor of Commercial Law (accredited). Universidad Pública de Navarra.
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