On 2 July 2020, the European Commission decided to launch infringement proceedings and to send letters of formal notice to Italy and Greece for violating of European rules protecting rights of passengers

Despite the coronavirus outbreak have caused almost a standstill of travel in Europe and many other parts of the world, forcing carriers to deal with a sharp decline in their business and the resulting reduction of their cash-flow, the Commission has repeatedly made clear that national measures to support the industry must not lower passenger rights. Consequently, by theRecommendation of 13 May 2020 the Commission reaffirmed the right for passengers, in the case of a cancellation by the carrier, to choose between re-routing and a reimbursement to be made in money or via a voucher. Since the reimbursement in money was hardly applicable due to the persisting outbreak, the Commission tried to make vouchers a viable and more attractive alternative, in order to ease the carriers’ exposure to further expenses.

However, Italy and Greece have adopted a legislation allowing carriers to offer vouchers as the only form of reimbursement, which passengers have to agree to, therefore violating the European rules on air and rail passenger rights, waterborne travel and bus and coach travel. The two Member States now have two months to reply to the arguments raised by the Commission, which otherwise may decide to send them a reasoned opinion. 

Marco Stillo