KLM mission: Passenger rights are now on the test!

KLM mission: Passenger rights are now on the test!

In a current legal dispute over flight cancellations and refunds, a final application from the Generalan Rimvyda Norkus Norkus of the European Court of Justice (ECJ) attracted attention. The case concerns an Austrian association for consumer information that has sued the Airline KLM. The trigger was the booking of back and forth flights from Vienna via Amsterdam to Lima, which were canceled.

KLM reimbursed the ticket costs of the passengers, but the airline deducted the placement fee of Opodo, an online booking portal that were booked. The affected passengers made their claims to the association mentioned in order to achieve the reimbursement of the full amount. KLM defended itself with the argument that the exact amount of the placement fee did not know in advance.

obligation to complete the full reimbursement

As part of the request of the Supreme Court (OGH) to the ECJ to interpret the Passenger Rights Regulation, General Attorney Norkus expressed that there was an obligation to reimburse the total price. He found that a permanent relationship between an aviation company and an intermediary is sufficient to justify the collection of a commission. The company can only be released from responsibility if the intermediary acts without the knowledge or participation of the airline.

This legal view could have far -reaching consequences for the practice of reimbursement in flight cancellations. The cooperation between KLM and Opodo is contractually regulated, which further weakens the position of the airline.

background of passenger rights in the EU

In the context of this case, the requirements of Regulation (EC) No. 261/2004, which was introduced on February 11, 2004 by the European Parliament and the Council. This regulation established joint rules for compensation and support for passengers in cancellations, non -transportation and long delays of flights. It is important to ensure that the passengers are comprehensively informed and supported in the event of flight problems.

Because in addition to the reimbursement of ticket costs, passengers are entitled to various forms of compensation. The areas of application of EU passenger rights include flights within the EU and flights from and from non-EU countries, depending on the airline. The corresponding regulations must also be communicated clearly and visibly to passengers.

This topic was also treated in the European Parliament in Strasbourg. The council's proposals for revising the passenger rights regulation, which are perceived as a deterioration for consumers, were criticized there. The planned extension of the minimum delay for compensation from three to four hours as well as the legitimation of hand luggage fees.