Bernard, Nick --- "The Volcanic Ash Crisis and EU Air Passenger Rights" [2011] ELECD 922; in Alemanno, Alberto (ed), "Governing Disasters" (Edward Elgar Publishing, 2011)

Book Title: Governing Disasters

Editor(s): Alemanno, Alberto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935724

Section: Chapter 14

Section Title: The Volcanic Ash Crisis and EU Air Passenger Rights

Author(s): Bernard, Nick

Number of pages: 19

Extract:

14. The volcanic ash crisis and EU air
passenger rights
Nick Bernard

14.1 INTRODUCTION

The volcanic ash crisis gave Regulation 261/20041 on air passenger rights in
case of denied boarding, long delays or cancellation of flights, if not its
baptism of fire ­ the Regulation has had a good five years to bed down since
it came into force ­ nonetheless a serious challenge to its ability to cope with
unusual events giving rise to prolonged air travel disruptions. Indeed, some
voices in the industry have questioned, sometimes in strong or colourful
language, whether the Regulation was meant to apply to such situations as
the volcanic ash crisis at all.2 While most airlines have accepted, under the
pressure from the EU Commission and national regulators, that passengers
may be entitled to the `right to care' under article 9 of the Regulation, it is
clear that some have done so under protest and remain unconvinced that
the Regulation should apply to events of similar magnitude.3 While, as will
be discussed below, the case for the non-applicability of the Regulation to
the ash crisis situation is unconvincing, it remains true that the mechanisms
established by the Regulation do give rise to difficulties in such a situation,
not just from the airlines' perspective but also from that of passengers.
Whether or not the Regulation was meant to apply to the situation, it still
does not entirely solve the question of who should eventually bear the cost
of caring for passengers. ...