This paper raises the question of what is tohappen to Regulation 261/2004 in the light of Brexit. In 2019, the Regulationwill be converted into UK domestic law under the European Union (Withdrawal)Bill which is currently going through Parliament. Parliament will then considerwhether it should be retained or modified and, if the latter, how. What is Regulation 261/2004?Regulation 261/2004 is an EU Regulation which establishes common rules oncompensation and assistance to passengers in the event of denied boarding,flight cancellations, or long delays of flights. It replaced Regulation 295/91which had been repealed. This was due to the fact that Regulation 295/91 didnot provide sufficient protection for passengers, which was one of the mainaims the Community aimed to achieve by introducing that Regulation. Although Regulation 295/91 created basic protection for passengers, there wasstill a high amount of passengers who were denied boarding against their will,as with those given no warning before cancellations and long delays. It limitedthe scope of protection to providing for scheduled flights only, reimbursementor re-routing, free services and minimum levels of compensation for passengersdenied boarding.
On the other hand, Regulation 261/2004 is a modified versionof its predecessor ensuring a higher protection of passenger rights andenabling air carriers to operate in harmony with them. It covers commercialflights and addresses denied boarding, flight cancellations and delays. Notonly does it provide compensation for passengers who are denied boarding butalso for those with cancelled flights.1 Furthermore,The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations2005 implements Regulation 261/2004 in the UK.What is Denied Boarding?In this briefing, attention is drawn to Article 4 which lays out rules for anair passenger who is denied boarding. Article 2(j) defines denied boarding as”a refusal to carry passengers on a flight, although they have presentedthemselves for boarding under the conditions laid down in Article 3(2)”. Article3, basically, talks about the scope. However, a passenger may not have rightsunder the regulation if the air carrier has denied them boarding on reasonablegrounds i.
e. carrying a knife. 2