The Right to a Compensation In Case Of Long Delay of Flights: A Proposal for a Future Reform

Abstract

The European Court of Justice case law on Regulation (EC) No 261/2004 has set out the right to a standardized compensation in case of long delay of a flight, a right which is not recognized according to the wording of the Regulation. The procedure to amend the European text is currently on a standstill, something that constitutes an opportunity to debate the future of the referred right. This article presents several options, showing a preference for coming back to the wording of the Regulation and not to recognize the right to a standardized compensation in case of long delay. A second proposal, more realistic, consists on replacing the lump sum compensation for one calculated on the basis of the ticket price. The arguments offered in the article concern both an abstract and a specific dimension, that is, both the rationale behind the current rule and its content are considered. The first set of arguments focuses on the justification for regulation and on some EU goals, such as enhancing consumer protection and fostering the internal market. The second set of arguments highlights some criticisms raised against the European Court of Justice (ECJ)’s case law and the fact that the current rule distorts competition because it favours certain business models, something that may ultimately harm European consumers.