The European airline association Airlines for Europe (A4E) is calling for a significant weakening of EU Regulation 261/2004 (EC 261), which protects the rights of airline passengers in the event of flight disruption. A report commissioned by A4E argues that the regulation places a significant financial burden on airlines. Air passenger rights organizations vehemently oppose this proposal, accusing airlines of exaggerating the actual costs and maximizing their profits at the expense of passengers.
At the heart of the criticism is the airlines' claim that EC 261 will cost them billions of euros. However, critics argue that the report presented by A4E contains speculative figures and cost items that are not directly related to the regulation, such as national taxes and temporary border closures during the pandemic. The airlines have not yet provided reliable and transparent data on the actual costs.
The Alliance of Air Passenger Rights Organizations (APRA) considers the airlines' representations to be misleading. According to AirHelp, an APRA member, the actual costs of EC 261 amounted to only €0,58 to €1,17 per passenger. APRA criticizes that, following government bailouts during the pandemic, which were financed by taxpayers and passengers, airlines are now trying to curtail their customers' rights in order to further increase their profits.
APRA also rejects the airlines' claim that they are burdened with costs due to disruptions beyond their control. It argues that Regulation 261 does not apply when disruptions are caused by extraordinary circumstances such as bad weather or air traffic control. APRA President Tomasz Pawliszyn warns against weakening the regulation, as this would lead to legal uncertainty and undermine passengers' confidence in air transport. Instead of relaxing it, APRA calls for strengthening passenger rights and equal rules for all airlines to ensure fairness and accountability. APRA believes that abolishing Regulation 261 would lead to an uncontrolled situation in which passengers would be defenselessly at the mercy of airlines' decisions, with no consequences for poor service.
and 