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Parliamentary questions
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4 May 2017
E-001085/2017(ASW)
Answer given by Ms Bulc on behalf of the Commission
Question reference: E-001085/2017

In the Folkerts case(1), the Court of Justice of the European Union ruled that passengers who missed a connection within the EU with a flight coming from an airport situated in the territory of a Member State should be entitled to compensation if they arrived at the final destination with a delay of more than three hours, unless the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

This is further explained at point 4.4.7 of the Commission Guidelines on air passenger rights(2). If the Honourable Members missed their connection to Strasbourg in Madrid because the flight Porto-Madrid was late and arrived in Strasbourg with a delay of more than three hours, they have the right to compensation of EUR 400 unless extraordinary circumstances existed.

In accordance with Article 16 of Regulation (EC) No 261/2004(3), Member States have designated National Enforcement Bodies (NEBs) which are responsible in the first instance for the enforcement of this regulation.

The Commission has no power to intervene directly with an air carrier. However, if this appears to be a recurrent problem, the Honourable Members can send the reference of the flights concerned to the Directorate-General for Mobility and Transport of the Commission, which will signal the issue to the relevant NEB.

(1)Case C‐11/11Case C-11/11, Folkerts, ECLI: EU: C: 2013:106
(2)Interpretative Guidelines on Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and on Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents as amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council. OJ C 214, 15.6.2016, p. 5
(3)Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. OJ L 46, 17.2.2004, p. 1.

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