On 10 June 2016, the European Commission adopted new guidelines that clarify the existing rules on passenger rights and facilitate their application, for the benefit of travelers and businesses. According to the Commission, such a clarification is needed for travelers, airlines, and the national authorities, as several judgments of the Court of Justice of the European Union have affected the content and scope of the legislation concerned (Regulation (EC) No 261/2004), since its entry into force in 2005.

Indeed, the guidelines summarize the existing case law and consolidate all ongoing practices in this field, such as the right to compensation in case of delay of three hours or more at the final destination, or for a missed connecting flight in case of a long delay. Moreover, the guidelines provide a clarification of what should be considered as “extraordinary circumstances”, claiming that technical defects linked to the premature malfunction of certain components of an aircraft or aircraft collisions with other aircraft fall outside this notion. As a result, in these circumstances, airlines companies cannot be exempted from the payment of compensation in case of cancellation and delay. The Commission also reminds that the “measures to be taken in extraordinary circumstances” include the right to assistance and care.

The guidelines will apply pending the adoption and entry into force of the new Air passenger legislation proposed by the Commission in 2013.