Brussels, 03/02/2012 (Agence Europe) - Like the airline Spanair on 28 January, its Hungarian counterpart Malev has announced that it is to suspend its activities on 3 February (after the Commission ruled that state aid was illegal (see EUROPE 10527 and 10528). In both cases, thousands of passengers have been, or still are, stranded. By virtue of European Regulation 261/2004/EC, European legislation provides for passengers suffering the consequences of the cancellation of all flights to be reimbursed or re-routed. According to information communicated by the spokesperson to the European transport commissioner, Spanair has done all in its power to ensure that passenger rights are respected and, in coordination with other airlines, has offered alternative flights within three or four days, at “reasonable prices”. The spokesperson added that the Hungarian airline Malev should go in the same direction, ensuring that European law was complied with. In both cases, the European Low Fares Airline Association (ELFAA) stated that its members were offering special rates to passengers affected by cancellations by Spanair and Malev.
In the event of bankruptcy, however, the situation is a specific one, and the Group of European Travel Agents' and Tour Operators' Associations within the EU (ECTAA) argues that there is a certain vagueness in European legislation. The ECTAA president said that “it is time that legislative measures be taken urgently by the European Union to ensure that all air passengers benefit from similar protection in case of airline failure and to ensure a level playing field between airlines and package travel organisers.” (MD/transl)