Question for written answer
to the Commission
Rule 130
Alfred Sant (S&D)

Subject: Commission information on the right of compensation for delayed air passengers under EU law

The Commission’s ‘Your Europe’ web portal aimed at advising citizens on their EU rights states that if “you (as an air passenger) reach your final destination with a delay of three hours or more, you are entitled to compensation if the delay is not caused by extraordinary circumstances”.

Nevertheless, EU Regulation 261/2004 on Air Passenger Rights states through its Article 6 1(a) that the definition of a delay includes, a “a flight to be delayed for two hours or more in the case of flights of 1 500 kilometres or less”. Further, Article 7 1 (a) goes on to define that “passengers shall receive compensation amounting to EUR 250 for all flights of 1 500 kilometres or less”. There is clearly a discrepancy between the three hours stated on the Commission’s web portal, and the two hours stated in the Regulation.

In this regard,
– Can the Commission clarify the minimum duration of a flight delay that entitles a passenger to compensation?
– Can the Commission apply the said clarification also to its communication portals dedicated to EU air passengers?

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