Competence of AESA

1. The Role of AESA

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The State Aviation Safety Agency is the responsible body designated to ensure compliance with Regulations (EC) No 261/2004 and (EC) No 1107/2006. Likewise, it is the designated body before which any passenger can claim for a breach of those indicated in the Regulations.

The Ministry of Transport, Mobility and Urban Agenda (MITMA) published in the Official State Gazette of 10 May 2023 the resolution accrediting the Agency as an entity for alternative dispute resolution in the field of air transport (link to regulations).

The State Aviation Safety Agency approved an internal operating regulation as an Alternative Dispute Resolution entity. Likewise, as a public body belonging to the state institutional public sector, it is governed in its organization and operation by the provisions of Title II of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, in particular Articles 108a to 108e, its Statute, approved by Royal Decree 184/2008, of February 8, and other rules applicable to the state institutional public sector.

In the exercise of its functions as an alternative dispute resolution entity, the Agency is governed by the provisions of 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, in particular its second additional provision, and Order TMA/201/2022 of 14 March 2022 regulating the procedure for alternative dispute resolution for air transport users on rights recognised at European Union level in relation to compensation and assistance in the event of denied boarding, cancellation or long delay, as well as in relation to the rights of persons with disabilities or reduced mobility.

Complaints regarding incidents that occurred on flights prior to 01/06/2023 (included) are resolved via information. AESA resolves by issuing a report that it sends to the applicant and the air carrier.

Alternative dispute resolution for air transport users ensures passengers’ access to EASA to resolve their complaints in relation to incidents occurring on flights as of 02/06/2023 inclusive, while strengthening the compliance of air carriers with decisions issued by EASA, as set out in Ministerial Order TMA/201/2022.

2. Territorial competence of AESA

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Regulation (EC) No 261/2004 applies to all flights which:

• They depart from an airport in the European Union, in addition to Iceland, Norway and Switzerland

• They depart from an airport in a third country and go to an airport in the European Union, in addition to Iceland, Norway and Switzerland, when the air carrier is a Community (European Union)

n the case of incidents in Spain, AESA is responsible for ensuring compliance with the obligations laid down in Regulation (EC) No 261/2004 on flights which: 

• They leave an airport located on Spanish territory.
• They depart from an airport in a third country and go to an airport located on Spanish territory, when the air carrier is a Community (European Union) carrier.

 

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In addition, AESA is responsible for ensuring compliance with the obligations laid down in Regulation (EC) No 1107/2006 applicable to persons with disabilities or reduced mobility using or intending to use commercial passenger flights departing from, arriving at or transiting through airports located in Spanish territory.

The State Aviation Safety Agency cannot act on incidents that occurred in another EU country or on incidents that occurred in a non-EU country, in which case the flight is subject to the provisions of international conventions or, where appropriate, to the regulations of the State where the incident occurred.

3. Territorial jurisdiction in another EU country

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If you have an incident on a flight that:

• Departs from an airport located in an EU country other than Spain, or
• They depart from an airport outside the EU and head to an airport located in an EU country other than Spain, when the air carrier is a Community (EU) carrier.

AESA is not competent to resolve your complaint, being the competence of the authority of the corresponding State.

In the following lists you can find the contact details of each body, through which you can manage your complaint more quickly and easily:

• Competent authorities 261/2004
• Competent authorities 1107/2006

4. Territorial jurisdiction in other countries outside the EU

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If you have experienced an incident on the following flights:

• Flights between non-EU countries
• Flights from a non-EU country to an EU country with a non-EU airline

Violation of the rights of passengers is subject to the provisions of international conventions or, as the case may be, to the regulations of the State where the incident occurred.

Contact the competent passenger rights authority in the country where the incident occurred.

5. Passenger rights according to incidence

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Regulation (EC) No 261/2004 provides for the rights to information, care, reimbursement of the cost of the ticket or re-routing and compensation. These rights apply depending on the incident as summarized in the table below:

Cancellations | Delays | Denial of boarding | Change of class

Cancellations

Cancellation refers both to the non-realization of the scheduled flight in your reservation, as if the departure time is advanced by more than one hour.

The rights in case of cancellation are as follows:

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Visit the Cancellations page

 

Delays

A flight is delayed if its actual departure time is more than two hours from the scheduled departure time or if it arrives at the final destination three or more hours after the scheduled arrival time.

These are your rights in case of delay in departure:

Visit the Delays page

 

Denial of boarding

Denial of boarding consists in the refusal to carry the passenger on a flight, despite having presented himself for boarding in compliance with the requirements established in the Conditions of Carriage, unless there are reasonable grounds for such refusal, such as reasons of health, safety, the presentation of inadequate travel documents.

An example of denied boarding is overbooking, i.e. when there are more passengers than seats available. In this case, the airline must request volunteers from the passengers in order not to fly on that flight and, if there are voluntarypassengers,it must agree with them on the consideration to be received for the denied boarding. These volunteer passengers will also have the right to information and to reimbursement or re-routing.

If there are finally not enough volunteers and boarding is denied against the passenger's will, you can claim these rights:

 

Visit the Deny Boarding page

 

Change of class

A change of class occurs when the airline accommodates the passenger in a class lower than the one for which he paid. The airline is obliged to reimburse a percentage of the price of the ticket purchased.

In cases where the airline accommodates the passenger in a class higher than the one for which it paid, the airline may not require the passenger to pay any amount.

Visit the Class Change page

 

6. Extraordinary circumstances

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According to Regulation (EC) 261/2004 cases that can be considered as extraordinary circumstances are the following possible incidents:

• Political instability in the country of origin/destination
• Weather conditions incompatible with the performance of the flight.
• Security risks.
• Unexpected flight safety deficiencies.
• Strikes affecting the operations of an operating air carrier.

 

All these possible extraordinary circumstances must be duly justified in order to be considered as such.

The successive judgments of the European Court of Justice create jurisprudence and binding character in the member countries of the European Union. That is why, in addition to Regulation (EC) No 261/2004, these judgments must be considered when determining which incidents are to be considered extraordinary circumstances and which are not. Examples of these judgments are as follows:

 

JUDGMENT	EXTRAORDINARY CIRCUSTANCE	JUDGMENT
Manufacturing defects	A hidden manufacturing defect revealed by the aircraft manufacturer or by a competent authority may be considered an extraordinary circumstance. When the aircraft is in service, the manufacturing defect is considered a hidden defect that could affect flight safety.	C-549/07, C-257/14 and C-832/18.
Strikes	External strikes, unlike those of own staff, such as air traffic controllers or airport staff, when they cause incidents on flights, are considered extraordinary circumstances.	C-195/17, C-28/20, C-613/20.
Bird impact	The collision between an aircraft and a bird, and any damage caused by that collision, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its effective control.	C-315/15
Impact with aircraft or ladder	The collision between an aircraft in a parking position and the aircraft of another air carrier caused by the movement of the latter.	C-394/14, C-264/20
Impact with objects in the track	Damage to aircraft tyres caused by foreign objects on the runway of an airport (e.g. loose debris).	C-501/17, C-159/18
Volcanic eruption	The closure of part of the airspace as a result of a volcanic eruption. For example, the airspace of the Canary Islands during the eruption of the La Palma volcano.	C-12/11
Health protection	Situations where airlines demonstrate that they have decided to cancel a flight for reasons of protecting the health of the crew.	Communication from the Commission C(2020) 1830 final
Lightning impact	Lightning qualifies as CE	C-399/24
Death of crew member	Unforeseen events linked to the crew fall within the usual air transport planning and are not considered extraordinary circumstances.	C-156/22
Fuel supply	When at the airport of departure of the flight there is a generalized failure in the fuel supply system, we are facing an extraordinary circumstance.	C-308/21

 

The State Aviation Safety Agency, in the process of resolving the corresponding claim, will assess the acceptance or not of the existence of extraordinary circumstance in the case studied.