Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport

• Published date: 08 February 1991
• Official Gazette Publication: Official Journal of the European Communities, L 36, 8 February 1991

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31991R0295

Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport

Official Journal L 036 , 08/02/1991 P. 0005 - 0007
Finnish special edition: Chapter 7 Volume 4 P. 0007
Swedish special edition: Chapter 7 Volume 4 P. 0007

COUNCIL REGULATION (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ No C 129, 24. 5. 1990, p. 15.

Having regard to the opinion of the European Parliament [2],

[2] OJ No C 19, 28. 1. 1991.

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ No C 31, 6. 2. 1991.

Whereas liberalization measures adopted by the Council in July 1990 represent a further step towards a fully developed common air transport policy;

Whereas common action in the field of the protection of the interests of air transport users is required, in order to ensure a well-balanced development in the light of the radically changing environment in which air carriers have to operate;

Whereas current practice in the field of denied-boarding compensation differs substantially between air carriers;

Whereas certain common minimum standards in the field of denied-boarding compensation should ensure that the quality of air carriers' services is maintained in a context of increased competition;

Whereas an air carrier should be obliged to establish rules for boarding in the event of an overbooked flight;

Whereas in the event of boarding being denied the rights of passengers should be defined;

Whereas air carriers should be obliged to pay compensation and to provide additional services to passengers who are denied boarding;

Whereas passengers should be clearly informed about applicable rules,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation establishes common minimum rules applicable where passengers are denied access to an overbooked scheduled flight for which they have a valid ticket and a confirmed reservation departing from an airport located in the territory of a Member State to which the Treaty applies, irrespective of the State where the air carrier is...