Strasbourg, 10/01/2007 (Agence Europe) - The European Ombudsman P. Nikiforos Daimandouros has called on the European Commission to correct inaccurate and misleading information contained in leaflets, posters and a video presentation on air passenger rights. This follows a complaint, to the Ombudsman, from two airline associations. They criticised the information provided by the Commission on the rights of travellers to compensation and assistance in the event of being denied boarding, cancellation of flights or long delays. Although the Ombudsman did not find all the complainants' allegations to be justified, he identified certain inaccurate and misleading statements in the information material and asked the Commission to correct them.
In February 2005, new EU rules on compensation and assistance for air passengers in the event of being denied boarding, flight cancellation or long delay came into force. The Commission published leaflets, posters and a video to inform passengers of their rights. In April 2005, the International Air Carrier Association and the European Region Airline Association complained to the Ombudsman that the information contained a number of statements that were inaccurate or misleading. In response, the Commission said that the aim of the information campaign was to present air passengers' rights in terms that could be understood by everyone. The material was, therefore, a summary of a complex regulation. The Commission argued that no error had occurred that could have harmed the interests of the public or the airlines concerned.
One of the statements in the leaflets and posters reads, “If you are denied boarding or your flight is cancelled, the airline operating your flight will offer you financial compensation and assistance”. The Ombudsman considered that this sentence wrongly suggested that compensation had to be paid every time a flight was cancelled. He also agreed with the complainants that the statement in the video that “Immediate and automatic compensation will be paid for delays, cancellations and overbooking” was inaccurate, as compensation never has to be paid in the event of a delay and, where compensation is payable for cancellation and overbooking, it does not have to be paid immediately. The Ombudsman accepts that the information material provided by the Commission could not be expected to be complete, but considered that it had to be accurate. He, therefore, asked the Commission to correct the inaccurate and misleading statements identified in his inquiry as soon as possible. The Commission now has until 31 March 2007 to respond to the Ombudsman's draft recommendations.
These draft recommendations can be read at:
http: //http://www.ombudsman.europa.eu/recommen/en/051475.htm / http: //http://www.ombudsman.europa.eu/recommen/en/051476.htm
Complainants pleased with Ombudsman's decision
Sylviane Luste, spokesperson for the International Air Carrier Association (IACA) informed Agence Europe that “We are extremely pleased with the decision of the Ombudsman”. She added that, “We are even more pleased given that the procedure was a long one and that it is rare for the Ombudsman to make a remark with regard to one of the institutions”. Ms Luste underlined that, “the Commission was unable to publish information that was incorrect and which created legal problems”. She also criticised a large number of conflicts and disputes between passengers and IACA company members, as well as the fact that the Commission had refused to acknowledge the mistakes highlighted in the meeting between the concerned parties at the beginning of 2005. Mike Ambrose, the Executive Director of the European Regions Airlines (ERA), sounded the same note in a press release, “The initiation of this case to the Ombudsman marked the lowest point in the relations between the industry and the 'old' Commission. Whilst working with President Barroso and the 'new' Commission is an altogether more constructive experience, the action taken by ERA and the International Air Carrier Association (IACA) nonetheless demonstrates that, if absolutely necessary, industry associations will still defend their members' interests using all means at their disposal.” (oj)