04 September 2018

Reference legislation

What is the reference legislation on passengers’ rights?

The reference legislation on passengers’ right in the event of disruption is:

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004, which establishes the common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and which repeals Regulation (EEC) No 295/91

Italian Legislative Decree no. 69 dated 27 January containing “Penalties for infringing Regulation (EC) no. 261/2004, which establishes the common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights

Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air

Italian Ministerial Decree no. 107/T dated 24 July 2007 n. 107/T containing the appointment of the organisation in charge of enforcing the Regulation of the European Parliament concerning the rights of disabled persons and persons with reduced mobility.

These safeguards apply:

to flights (scheduled, charter, low cost) departing from an EU airport
to flights (scheduled, charter, low cost) departing from an airport in a non-EU country with destination in an EU country, provided the airline is an EU airline and provided the benefits envisaged by local legislation have not been granted.

These safeguards do not apply:

to flights departing from a non-EU country with destination in an EU country operated by non-EU airlines. In this case the safeguards are guaranteed by local legislation and by regulations that govern the transport contract.

Text by Alisè Vitri

Published 04 April 2018

Source: Enac (Italian Civil Aviation Authority) www.enac.gov.it , www.Europa.eu
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