European-Union Legal Regulation over the Rights of Passengers Traveling by Air  Cover Image
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Правна регламентация в Европейския съюз на правата на пътниците във въздушния транспорт
European-Union Legal Regulation over the Rights of Passengers Traveling by Air

Author(s): Yanislava Chankova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: EUROPEAN LAW // The liberalization of air transport was introduced in the European Union in 1987 going on with the adoption of three packages of legal initiatives to be successfully completed by 1997. The liberalized market of air-travel has been joined by a large number of new players and their increased competition resulted in the opening of new destinations, usually to remote, sparsely populated areas and barely accessible places. At the same time the competition produced significant price reductions. What we call low- cost air operators achieved great popularity over the last decade. Since the early 90s air transport has held an ever more prominent place in the lives of EU citizens. So much so that air transport is now commonly treated as necessity and a right of European citizens rather than as a luxury service. The service’s accessibility motivated EU legislation to pay attention to the quality of the service offered and, moreover, to accept legal actions for the protection of EU citizens. A package of legislative initiatives has been adopted at the European level with the aim of establishing initial common rules for compensation in case of denied boarding scheduled air transport (Council Regulation (EEC) No. 295/91 of 4 February 1991). Subsequently, the legislator developed such achievements further through the adoption of Regulation (ЕC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 insisting on the formation of common rules for the payment of damages and the assistance of passengers in the event of denied boarding and cancellation or for long delayed flight. Thus standards for the protection of air passengers’ rights have been enhanced as compared with the regulatory regime of 1991. Significant improvement has been reached in the quality of services offered. Thereby air carriers are giving a fairly good guarantee for their operation in step with the harmonized rules of a liberalized market.

  • Issue Year: LII/2011
  • Issue No: 4
  • Page Range: 69-84
  • Page Count: 16
  • Language: Bulgarian