Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 215: To ask the Minister for Transport if his attention has been drawn to the fact that an airline (details supplied) is requiring passengers whose flights were cancelled as a result of the volcanic ash cloud situation to wait 28 days to receive refunds of their flight costs; and if he will make a statement on the matter. [21456/10]

Noel Dempsey (Meath West, Fianna Fail)
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Regulation (EC) 261/2004 established common European rules on compensation and assistance to passengers in the event of cancellation or long delay of flights or in the event of being denied boarding.

The Regulation has direct application in Member States and the Commission for Aviation Regulation has been designated as the National Enforcement Body for the Regulation in the State. The Commission for Aviation Regulation is the competent body to enforce the provisions of the Regulation arising from cancellations due to depart from Ireland; for travellers whose cancelled flights were due to depart from other Member States, the relevant national enforcement body would be the body designated by that Member State. Passengers must apply to their airline in the first instance to claim their entitlements. If airlines do not comply with the law and passengers fail to receive their entitlements, then the Commission for Aviation Regulation can take enforcement action.