Regulation (EC) 261/2004 of the European Parliament and of the Council came into effect on the 17th February 2005. The aim of the Regulation was to establish common rules on compensation and assistance to passengers in the following situations:
Following the inception of the Regulation each Member State within the European Union was required to designate a responsible authority for its enforcement.
The Commission for Aviation Regulation was designated as the national enforcement body (NEB) for Ireland on the 31st May 2005. A list of the other NEB's throughout the EU can be found here: List of other NEB's.
To whom does the Regulation apply?
The rights afforded by the Regulation apply to the following:
- All passengers departing from EU/EEA airports.
- All passengers departing from outside of the EU/EEA but arriving at an EU/EEA airport on an EU/EEA licensed carrier (unless they have already received compensation or assistance in that third country).
Enforcement of the Regulation is divided between the various Member States. The Commission for Aviation Regulation, the Irish enforcement body, processes complaints which arise from flights departing from Irish airports or alternatively those arriving at Irish airports from non EU countries on EU licensed carriers.
To whom does the Regulation not apply?
The Regulation does not apply to passengers travelling free of charge or at a reduced fare not available to the public nor does it apply to passengers who have not checked in on time. It is important to note that tickets purchased under “Frequent Flyer Programmes” are not regarded as reduced fare tickets for the purpose of the Regulation.