application and redress measures, such as those related to alternative dispute resolution mechanisms or collective consumer actions”36. Meanwhile, the Commission’s report to the European Parliament and the Council on the functioning and effects of Regulation (EC) No. 1107/2006 of 5 July 2006 on the rights of persons with disabilities or reduced mobility in air transport37 -also dated 11 April 2011- acknowledged similar difficulties regarding the obligations of the enforcement bodies, which were common with those outlined for the enforcement bodies under Regulation No. 261/2004. On the one hand, there were significant differences in the activities of the national supervision bodies of the various Member States, both in terms of providing the public with information about their rights and overseeing the implementation of the Regulation, as well as handling complaints38. On the other hand, sanction regimes were characterised by extreme diversity, some being administrative in nature and others criminal39. Furthermore, variability in processing times -ranging from several weeks to six months- along with differences in the level of detail and effectiveness of decisions and their practical consequences, negatively impacted the system’s effectiveness. However, the report did not refer to the potential use of alternative dispute resolution and instead proposed other measures40. 3. Towards future implementation of alternative dispute resolution in air transport The Commission’s suggestion to utilise alternative dispute resolution mechanisms is incorporated into the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No. 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No. 2027/97 on air carrier liability in respect of the carriage 36 Ibidem, p. 16, conclusion no. 8. 37 COM (2011) 166 final. 38 Ibidem, p. 7. 39 Ibidem. 40 Ibidem, pp. 10-11, where it is suggested: i) the possibility of creating a common database to monitor the processing of claims and the administrative and judicial decisions on the application of the Regulation; ii) the development of a harmonised action plan at the European level detailing the actions national bodies should commit to undertake; iii) the suggestion for airlines to appoint a responsible person on the ground for dispute resolution, with the authority to make immediate decisions to resolve a dispute with a passenger; and iv) the possibility of publishing the list of sanctions imposed by the EBs and the list of affected operators to strengthen the deterrent nature of the sanctions regime. 40 ARÁNZAZU PÉREZ MORIONES
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