Air passenger rights in the EU

Copyright © 2025 LexisNexis
Produced in partnership with Kathryn Ward of DLA Piper
Practice notes

Air passenger rights in the EU

Copyright © 2025 LexisNexis

Produced in partnership with Kathryn Ward of DLA Piper

Practice notes
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This Practice Note provides an overview of air passenger rights in the EU. It provides guidance on the key definitions, general principles, key requirements and enforcement of air passenger rights in the EU. It covers rights of air passengers in case of cancellation, delay, denied boarding, or lost baggage. It also provides guidance on the legislation on passengers with reduced mobility.

Key EU legislation

EU law protects air passengers through different legislation such as:

  1. •

    Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community (Air Services Regulation)

  2. •

    Regulation (EC) No 2111/2005 of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC

  3. •

    Regulation (EC) No 261/2004 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

Kathryn Ward
Kathryn Ward

Of Counsel, DLA Piper

Kathryn has great knowledge in post accident legal liability, and has particular experience in handling the legal aftermath of major air accidents on behalf of airlines, operators, product manufacturers and MROs. 
She also regularly represents airports and ground handlers in claims involving IATA standard ground handling agreements or otherwise. In addition, Kathryn is regularly instructed in the field of general aviation and on insurance coverage. 

In a commercial context, Kathryn represents carriers and aviation service providers in contractual disputes and advises on issues surrounding aircraft ownership, leasing and re-possession.

Kathryn defends numerous carriers in passenger claims brought against them based on the Montreal Convention 1999, EU Regulation 261/04 and EU Regulation 1107/06. She advises on the bulk handling of passenger claims, enforcement action by regulatory bodies such as the CAA and has particular experience in representing carriers in claims in the English Court of Appeal and Supreme Court. Her experience extends to advising airlines on IATA Resolutions and Recommended Practices.

Kathryn has wide experience in both domestic and international litigation and has handled claims arising out of incidents and accidents in the UK, Europe, CIS, South America, Asia and Africa. In addition to litigation, Kathryn also represents parties in international arbitrations as well as alternative forms of dispute resolution, such as mediation and direct negotiation. She is a Spanish speaker and much of her work focuses on Latin America.

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Jurisdiction(s):
European Union

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