Disrupted Flights and Information Duties of Air Carriers: The Interplay Between Regulation (EC) No 261/2004 on Air Passenger Rights and the Unfair Commercial Practices Directive

Abstract

Regulation (EC) No 261/2004 on passenger rights in cases of denied boarding and of cancellation or delay of flights includes provisions on the air carrier ’ s duty to inform passengers of their rights. In this regard, the Regulation interacts with Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices. Failure of the carrier to provide complete, clear and accurate information to passengers could be an infringement of both legislative instruments, and entail parallel or subsequent administrative enforcement proceedings at both national and cross-border level. This article analyses the carrier ’ s duty to inform, pursuant to the provisions of these instruments. Special emphasis is laid on certain parameters of administrative enforcement, especially the power to investigate infringements as well as the duplication of proceedings and penalties, taking into account aspects of fundamental human rights.