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Ombudsman upholds ERA complaint of European Commission maladministration

Following a complaint from the European Regions Airline Association (ERA), the European Ombudsman is recommending that the European Commission (EC) corrects inaccurate and misleading information on air…

Following a complaint from the European Regions Airline Association (ERA), the European Ombudsman is recommending that the European Commission (EC) corrects inaccurate and misleading information on air passenger rights. The Ombudsman is also recommending that the Commission apologises to ERA.



ERA submitted a complaint to the Ombudsman in April 2005 based on the Commission’s failure to correct inaccurate and misleading information contained in posters, leaflets, press releases and in a video on the EC website. This information was produced as part of a publicity campaign by the Commission to educate air passengers on their new rights from February 2005. The new rights arose from the introduction of Regulation 261/2004 on compensation and assistance for air passengers in the event of denied boarding, cancellation or long delay.



ERA had notified the EC of errors in the Commission’s planned publicity material and requested an urgent meeting. The Commission failed to acknowledge the errors and failed to respond to the request for a meeting. On these grounds the Ombudsman has decided that the Commission’s behaviour constituted maladministration.



ERA director general Mike Ambrose says: “The initiation of this case to the Ombudsman marked the lowest point in the relations between the industry and the ‘old’ Commission. Whilst working with President Barroso and the ‘new’ Commission is an altogether more constructive experience, the action taken by ERA and the International Air Carrier Association (IACA) nonetheless demonstrates that, if absolutely necessary, industry associations will still defend their members’ interests using all means at their disposal.”



On the basis of information supplied by ERA, the Ombudsman considers it very likely that the Commission’s errors have given rise to a considerable number of disputes between passengers and airlines that could have been avoided if the Commission had provided accurate information. The Ombudsman is therefore recommending that the Commission should apologise for causing these problems.



IACA made a similar complaint to the European Ombudsman and has received a similar response.

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