Complaints spiral after airport’s radar system fails

A FAILURE of the radar system at Dublin Airport in July 2008 led to an unprecedented level of complaints from passengers seeking compensation from airlines for delays and cancellations, according to the Commission for Aviation Regulation.

The CAR, which oversees the enforcement of EU legislation governing the rights of air passengers, said the incident which caused serious disruption to traffic at Dublin Airport, had “tested” its relationship with many airlines.

It is understood the CAR received hundreds of complaints from passengers over delays to their travel plan, although few were actually entitled to any compensation.

In a new report, the CAR said a total of 413 valid complaints were received by the commission during 2008, of which 186 came within its remit, with the remaining 227 cases being passed on to similar enforcement bodies in other EU countries.

Three-quarters of all cases processed by the CAR related to cancellation of flights with 13% linked to delays and just 4% to passengers being denied boarding due to the overbooking of flights.

A CAR spokesperson said 13 out of 118 cases which were finalised during 2008 resulted in compensation being paid. In another 46 cases, passengers were given either a refund of the cost of their flight or reimbursement of expenses. However, airlines were able to demonstrate the existence of “extraordinary circumstances” to avoid any liability in response to 26 complaints.

The CAR admitted that the EU regulation governing air passenger rights which allows airlines to avoid paying compensation “in extraordinary circumstances” was not sufficiently defined.

However, the CAR acknowledged that a recent decision by the European Court of Justice had clarified that airlines could not avoid their obligations under the EU regulation by claiming technical problems with an aircraft constituted “extraordinary circumstances” unless they resulted from events beyond their control.

The regulator said it had to issue two directions during 2008 compelling airlines to carry out a specific instruction or risk facing a criminal prosecution — one each to Aer Lingus and Ryanair.

Aer Lingus was ordered to pay compensation to two passengers, while Ryanair were ordered to display information on passengers rights at check-in desks at airports.

The commission said it expected to issue further directions to airlines this year.