Passenger rights
Legislation
- Judgment of the Court of Justice of the European Union C-581/10 and C-629/10. Judgment of the European Court of Justice on the right to compensation in the event of flight delay of 3 hours or more.
- Judgment of the Court of Justice of the European Union C-195/17 . Judgment of the European Court of Justice, concerning extraordinary circumstances-Strikes.
- Judgment of the Court of Justice of the European Union C-549/07. Judgment of the European Court of Justice, concerning extraordinary circumstances-Technical Problems (Failures).
- Judgment of the Court of Justice of the European Union C-315/15. Judgment of the European Court of Justice concerning extraordinary circumstances-Collision between an aircraft and a bird in cases of long delays.
The main Regulations, Laws or Conventions governing air passenger rights are listed below.
Remind that AESA is the responsible body designated to process complaints relating to compliance with Regulations (EC) 261/2004 and 1107/2006. Disputes between passenger and airline over matters not contained in these Regulations should be resolved in the Courts of Justice.
NATIONAL LEGISLATION
Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
Law 8/1989, of 13 April, on Public Fees and Prices.
Law 48/1960, of 21 July, on Air Navigation.
Law 21/2003, of 7 July, on Air Safety.
Royal Decree-Law 23/2018, of 21 December, transposing directives on trade marks, rail transport and package travels and related travel services.
Law 7/2017 of 2 November 2017 transposing into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes
Order TMA/201/2022 of 14 March on the alternative dispute resolution procedure for air transport users concerning the rights recognised at European Union level with regard to compensation and assistance in the event of denied boarding, cancellation or long delay, and in relation to the rights of persons with disabilities and reduced mobility
Order TMA/469/2023, of 17 April, accrediting the State Aviation Safety Agency as an alternative dispute resolution entity in the field of air transport.
EU LEGISLATION
Regulation (EC) 261/2004 , of 11 February 2004, establishing common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
Interpretative Guidelines on Regulation (EC) 261/2004. Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights, and it is repealed Council Regulation (EC) No 2027/97 on the liability of airlines in the event of an accident, as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council.
Regulation (EC) 1107/2006 , of 5 July 2006, on the rights of persons with disabilities or reduced mobility in air transport.
Interpretative Guidelines on Regulation (EC) 1107/2006 . Interpretative Guidelines for the implementation of Regulation (EC) No 1107/2006 of the European Parliament and of the Council, of 5 July 2006, on the rights of persons with disabilities or reduced mobility in air transport.
Regulation (EC) 2027/1997, of 9 October 1997, on the liability of airlines in the event of an accident.
Regulation (EC) 889/2002 , of 13 May 2002, amending Council Regulation (EC) No 2027/97 on the liability of airlines in the event of an accident.
Regulation (EC) No 2111/2005, of 14 December 2005, establishing a Community list of airlines subject to an operating ban in the Community and the information to be received by air passengers on the identity of the operating airline and repealing Article 9 of Directive 2004/36/EC.
Regulation (EC) No 1008/2008 of the European Parliament and of the Council, of 24 September 2008, on common rules for the operation of air services in the Community, regarding the principle of free pricing.
NON-EU LEGISLATION
Montreal Convention. Convention for the Unification of Certain Rules for International Air Transport.
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