Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-04-05-Speech-3-274"
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"en.20060405.21.3-274"2
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".
Madam President, with regard to these questions, but in particular to Mr Evans’ question, the Council can confirm that it has noted the judgment of the Court of Justice of the European Communities of 10 January 2006 in the case of
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. The Council welcomes the fact that the Court of Justice found that examination of the questions referred by the national court for a preliminary ruling revealed no factor of such a kind as to affect the validity of Articles 5, 6 and 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
May I also point out that Regulation (EC) No 261/2004 of the European Parliament and of the Council gives passengers certain rights if they are denied boarding or flights are cancelled or delayed. Article 16 of the Regulation (‘Infringements’) requires every Member State to designate a body to be responsible for the enforcement of the Regulation on its territory. Where appropriate, that body takes the necessary measures to ensure that the rights of passengers are respected.
It also stipulates that passengers may complain to any such designated body about an alleged infringement of the Regulation and, finally, Article 16, paragraph 3, provides that the sanctions laid down by the Member States for infringements of the Regulation must be effective, proportionate and dissuasive.
It is therefore primarily up to the Member States and the national bodies responsible for implementation to ensure that passengers actually enjoy the rights granted them by the Regulation when they make a complaint.
Furthermore, under Article 211 of the EC Treaty it is the Commission’s responsibility to ensure that the provisions of the Regulation are actually applied. The Council is monitoring the application of the Regulation attentively. In particular, it will be carefully examining the report on the operation and results of the Regulation, which, under Article 17, the Commission is required to submit by 1 January 2007.
In connection with Mr Ryan’s question in particular, the Council would point out that, together with the European Parliament, it issued the above Regulation on assistance to passengers in the event of denied boarding under the codecision procedure in 2004.
I would also like to mention that the Council, also under the codecision procedure with Parliament, will shortly be adopting a Regulation on the rights of passengers with disabilities and with restricted mobility.
It should finally be pointed out that the European Commission has the right of initiative to propose legislative acts to strengthen the rights of air passengers and that no new proposals have been presented. The Council does not therefore intend to adopt further legislative acts in this field in the near future."@en1
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