La protección jurídica del pasajero con necesidades especiales en el transporte aéreo

Abstract

Regulation (EC) No 1107/2006, rights of disabled persons and persons with reduced mobility when travelling by air establishes a protective regime that aims to guarantee the effective right to make the contracted air trip. A double objective is intended: to protect these people from discrimination and to ensure that they receive assistance, establishing obligations for the managing entities of the airport, the air transport entrepreneur and tour operators. To this end, as a basic rule, it is forbidden to deny them boarding on the grounds of disability or reduced mobility (with the justified exceptions contemplated by the rule itself); In addition, an obligation of comprehensive assistance is established (from access to the airport of origin to departure, in flight and even in transit between flights at the airport), which must be provided at no additional cost to these passengers. This paper analyzes the positive and negative aspects of this rule, as well as the interpretation and application that since its entry into force has been made of it by the courts and by the institutions of the European Union.