Airlines are perhaps understandably none too thrilled at being required to pay out compensation. Traditional "full fare" airlines have tended to offer credits or payments for many years to avoid poor publicity and to keep customer goodwill. Low cost airlines have generally tried to avoid paying more than the price paid for the ticket.

EC Law

The law concerned is known as EC directive 261/2004 and came into force on 17th February 2005. It has been unsuccessfully challenged by a group of low cost airlines in the European Court of Justice. There is no further appeal possible to them, and the law stands.

Airlines are required to obey European law, and risk considerable sanctions if they fail to protect customers as required by the European Parliament. Each country is responsible for enforcing the regulations. In the UK, this job is done by the Air Transport Users Council, which is part of the Civil Aviation Authority.

It is unclear exactly what sanctions will be imposed on an airline that fails to comply adequately. It is likely that airlines will be reluctant to defy the European Commission, as it has been known to move decisively against companies flouting European law.

Enforcement

You should receive the correct assistance at the airport without having to make any special representations or complaint, and many airlines will do this as a matter of course.

In this first instance passengers should try and resolve problems at the airport, especially where assistance is required. Requests may be more effective if presented as a group of passengers, and evidence should be collected if it appears the airline is trying to avoid its legal responsibilities.

If a matter cannot be resolved locally, then write to the airline concerned, asking for any unsatisfactory response to be escalated within the company. A final notice of intent to report the airline for a breach of European law may be effective.

If all else fails forward all correspondence the relevant authority with a description of your case. The authority is obliged to investigate any alleged breach of the regulations and to require the airline to pay any compensation due.