Enforcement of air passenger rights in official proceedings

If a flight is cancelled or late, or passengers are denied boarding, official proceedings can be launched to protect passenger rights.

Kulcsszavak: air passenger rights, the rights of air passengers, the authority enforcing air passenger rights, Member State implementing authority, flight delay, flight cancellation, denied boarding, NEB, national enforcement body, consumer protection

In the case of denied boarding or a cancelled or late flight under Regulation (EC) No 261/2004, it is expedient to first contact the air carrier in writing in the interest of clarifying the problem and the incident.

If the air carrier fails to respond within 30 days or the reply it provides is unacceptable, consumer protection proceedings can be initiated by submitting a consumer protection application to the government office with jurisdiction at the registered seat of the Hungarian airport.

The official proceedings can be initiated if the flight in question departed from Hungary or the flight that departed from outside the EU was bound for Hungary and was operated by an EU, Icelandic, Norwegian, or Swiss air carrier. The government office shall, on a case-by-case basis, conduct official proceedings at the request of the passenger to examine the circumstances of the case, establish the statement of facts, and pass an administrative decision at the end of the proceedings.

If the proceeding authority upholds the passenger’s request, the government office shall obligate the air carrier to comply with the provisions of the Regulation and may, as the case may be, require the payment of the flat-rate compensation specified in the Regulation.

The time limit for the official proceedings is 60 days.

The following documents are necessary for initiating the proceedings:

The procedure is free of charge.

The county (or Budapest) government office with competence at the registered seat of the commercial airport shall proceed in the case.

 

The contact information for the government offices is available at the following links:

www.kormanyhivatal.hu

https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag

There is no opportunity for legal remedy by administrative means against the official decision; judicial review may be requested.

This means no appeal may be made against the merits of the authority’s decision. If you do not agree with the authority’s decision, you may submit an application to bring an administrative lawsuit based on an infringement of the law within 30 days of receipt of the decision. The application has to be addressed to the competent court (regional court) with territorial jurisdiction, and submitted to the government office that passes the decision.

The application may be written by the applicant, or the applicant may also use the form provided for the purpose.  The information relating to completing the application is available on the websites of the courts as well. The legal counsel service is also available to provide guidance.

More information on air passenger rights is available by following the link below:

https://fogyasztovedelem.kormany.hu/#/legi_utasok_jogai_1

 

This case description was drawn up on: 6 April 2021

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