52% of Passenger Complaints to Luxembourg NEB in 2023 Concern Flight Cancellations

On Friday 26 July 2024, Martine Hansen, Luxembourg's Minister for Consumer Protection, held a press conference to present the 2023 report of the National Enforcement Body (NEB), the national body responsible for enforcing EU passenger rights.

As reported by the Directorate for Consumer Protection, the ULC Luxembourg consumer association and the CEC European Consumer Centre Luxembourg, the NEB is the reference body in Luxembourg, supervising and enforcing passenger rights for all means of transport in accordance with European legislation. Reporting to the Consumer Protection Directorate, it notably offers a mechanism for resolving disputes between passengers and airlines and ensures that passenger rights are respected. In this regard, the NEB is committed to ensuring that airlines fully respect passenger rights as set out in European legislation, including Regulation (EC) No 261/2004, which aims to protect the fundamental rights of air passengers and to establish minimum standards for compensation in the event of flight disruptions.

Presenting the figures for complaints filed in 2023, Minister Hansen noted that the increase in the number of complaints observed since 2021, in correlation with the increase in the number of passengers carried, peaked in 2023, although a slight decrease was noted for 2024. Of the complaints received by the NEB in 2023, 52% concerned flight cancellations, 45% flight delays and 3% passengers who were denied boarding.

Since 2023, out of more than 58,000 flights departing from Luxembourg Airport, 818 flights have given rise to the filing of one or more complaints (i.e. nearly 1.4% of flights). The outcome of the complaints favoured the passengers in 51% of cases and favoured the air carriers in 49% of cases.

Minister Hansen also clarified the often misunderstood difference between reimbursement and compensation:

• Reimbursement: in the event of a flight cancellation, for example, the passenger can always choose between reimbursement of the ticket price or a re-routing flight under comparable conditions. Regardless of the reason for a cancelled flight, the passenger is in principle guaranteed reimbursement of the ticket;
• Compensation: compensation, on the other hand, is an amount that can be received in addition to the reimbursement, and varies depending on the distance of the flight, respectively the duration of the delay. However, the air carrier only owes compensation if the cancellation or delay is its fault. The airline is therefore not required to pay compensation if the reason for the cancellation or delay is beyond its control, was unforeseeable and all reasonable measures were taken to avoid it.

In addition, the collaboration agreement between the Consumer Protection Directorate, the ULC and the CEC Luxembourg, aimed at simplifying the procedures in the event of a complaint, has been renewed. According to the authorities, this agreement makes it possible to better assert the rights of air passengers thanks to close collaboration between the signatories. Any complaint addressed to one of the signatory parties will be automatically forwarded to the competent authority, the NEB, subject to the agreement of the person concerned.

In this context, ULC Director Aline Rosenbaum presented the activities of the ULC concerning air passengers, particularly for package holidays. Karin Basenach, Director of CEC Luxembourg, specified that the CEC also handles many complaints, particularly regarding lost or damaged baggage.

Moreover, Minister Hansen announced that the Consumer Protection Directorate has stepped up its efforts to inform consumers about their rights as air passengers, in particular through animations on passenger rights broadcast on advertising screens at the airport throughout the year. An online communication campaign will also be launched soon to promote the website www.passengers.lu, which provides information on air passenger rights as well as answers to the questions they may have. The physical presence of the signatory partners of the agreement during major departures, with a joint information stand at the airport and the distribution of informative material and gadgets, is also part of this desire to better inform consumers.

At the end of the press conference, Minister Hansen stressed: "Our goal is to ensure that every air passenger in Luxembourg travels with complete peace of mind. This is why we are actively committed to informing consumers about their rights as air passengers. It is important for me to point out that our efforts are also focused on air carriers, which we consider to be key partners in defending the rights of travellers. Our teams maintain regular contact with airlines to find solutions together to the problems encountered by travellers."