Written answers
Tuesday, 17 June 2025
Department of Transport, Tourism and Sport
Aviation Industry
Louis O'Hara (Galway East, Sinn Fein)
Link to this: Individually | In context
186. To ask the Minister for Transport, Tourism and Sport the powers the Irish Aviation Authority holds to address situations where an airline knowingly misleads customers about their rights under EU law; and if he will make a statement on the matter. [31795/25]
Louis O'Hara (Galway East, Sinn Fein)
Link to this: Individually | In context
187. To ask the Minister for Transport, Tourism and Sport the actions his Department or the Irish Aviation Authority can undertake to ensure that an airline honours its obligations under Article 9 of EC261/2004 by reimbursing the cost of meals for a passenger whose flight has been cancelled (details supplied); and if he will make a statement on the matter. [31796/25]
Darragh O'Brien (Dublin Fingal East, Fianna Fail)
Link to this: Individually | In context
I propose to take Questions Nos. 186 and 187 together.
The Irish Aviation Authority ("the IAA") is the designated National Enforcement Body for Regulation (EC) 261 of 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights ("EU 261"). The IAA investigates alleged breaches of this Regulation based on information provided by members of the public.
Where a flight cancellation occurs, Article 9 of Regulation EU 261 provides that passengers shall be offered free of charge meals and refreshments in a reasonable relation to the waiting time; and hotel accommodation in cases where a stay of one or more nights becomes necessary or where a stay additional to that intended by the passenger becomes necessary.
The IAA recommends that passengers who believe their rights under Regulation EU 261 were infringed lodge a complaint with the air carrier in the first instance. In the event that they do not receive a satisfactory response, they may, in turn, complain to the IAA regarding the alleged breach. Information on how to make a complaint to the IAA is available on the IAA website .
Section 45a of the Aviation Regulation Act 2001, as amended, sets out the IAA's enforcement powers under Regulation EU 261. It provides that where the IAA is of the opinion that an air carrier has failed to comply with or is infringing the Regulation, it may issue a direction to the carrier to comply with the Regulation or cease the infringement and to comply with any instructions contained in the direction.
The carrier may, within 14 days of the issue of the direction, make representations to the IAA, which the IAA shall consider. The IAA shall, where it has received such representations, reply in writing to the carrier within 2 months of such receipt. The IAA in its reply may confirm, vary or withdraw the direction. Where the direction is confirmed (with or without variation) the direction takes effect on the date the reply is given. If an air carrier to fails to comply with a direction made by the IAA, it commits an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €150,000.
No comments