Grounded Promises: Rethinking the European Passenger Rights Regulation

This article offers a critical review of Regulation (EC) No 261/2004 from the viewpoint of a legal practitioner. In November 2023, a new proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union was published and a Proposal for an amendment of Regulation (EC) No 261/2004 has recently been discussed. This is good time to take a closer look at the European Passenger Rights Regulation, to reflect on experiences and to revisit the problems that have emerged over the past twenty years. In light of the recently proposed reforms, this article seeks to move beyond theoretical discussions by highlighting key shortcomings and identifying the most pressing areas in need of improvement.