EU Regulation 261/2004

Mr Cook made this Freedom of Information request to Civil Aviation Authority

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The request was partially successful.

Dear Civil Aviation Authority,

EU Regulation 261/2004

1. Please provide a copy of your complaints procedure – this is the procedure of how the CAA deals with a passengers complaint against an airline

2. Please provide a copy of your appeals procedure - this is the procedure of how the CAA deals with an appeal made by a passenger against a CAA decision

3. I understand that the CAA say that they “do not have powers to impose a solution on an airline”. Furthermore I understand that the CAA say that “if we believe that an airline may be in systematic breach of legislation, we liaise with the Consumer and Markets and Enforcement Team of the CAA for any possible enforcement action”

I draw the CAA’s attention to EU Regulation 261/2004 Article 16 (1) which I copy below for convenience.

REGULATION (EC) No 261/2004
Article 16 Infringements
1.Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph.
Do the CAA agree that they are in breach of EU Regulation 261/2004 by failing to enforce the regulations for individual passengers as laid out in EU Regulation 261/2004 Article 16 (1)

Please pass this question to your legal department.

4. Please provide any and all guidelines regarding the interpretation of EU Regulation 261/2004 either produced by the CAA or provided to the CAA by a third party (e.g. a government department, consultants, solicitors/barristers, the EU etc..)

5. Please provide a copy of any studies that the CAA has undertaken or has in its possession regarding how other EU Countries interpret/implement EU Regulation 261/2004

Yours faithfully
Mr Cook

FOI Requests, Civil Aviation Authority

Corporate Centre
Information Management

Dear Mr Cook

The CAA acknowledges receipt of your Information request.

If your requirements are unclear, or the information is held by another public body, we will contact you in the next five working days. Otherwise the information we are able to release, under the Freedom of Information Act 2000, will be assembled and made available to you within 20 working days from today’s date. If an exemption applies to any of the information requested an explanation will be provided.

Should you wish to discuss any aspect of this request, I can be contacted on:
01293 768512. Please quote reference F0001313.

Yours sincerely

Rick Chatfield
FOIA & EIR Case Manager

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Chatfield Rick, Civil Aviation Authority

1 Attachment

Dear Mr Cook

 

 

Please find attached:

 

CAA response to your Freedom of Information Act request F0001313.

 

 

Thank you

 

Rick Chatfield
FoI & EIR Case Manager

Information Management

Civil Aviation Authority

Aviation House

Gatwick Airport South

West Sussex

RH6 0YR

 

 

 

 

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