Den 28:e september fick jag svar ifrån Danska Transportstyrelsen. Royal Air Maroc har dock inte hört av sig.
Complaint against Royal Air Maroc for an infringement of Regulation (EC) No 261/2004 of 11 February 2004 regarding passenger rights – Enforcement order concerning payment of compensation.
Budgetresenär has complained to the Danish Transport and Construction Agency on 18-05-2015 regarding an infringement of Regulation (EC) 261/2004 in connection with a cancellation.
It appears from the documentation that Budgetresenär was going to fly with Royal Air Maroc, AT223 on 19-09-2014 from Copenhagen to Casablanca. The flight, however, was cancelled, On this basis, he wishes to receive compensation.
As the parties are unable to resolve the dispute, the Danish Transport and Con-struction Agency has been asked to evaluate whether there are grounds for compensation.
In connection with the complaint, the Danish Transport and Construction Agency, has asked Royal Air Maroc for comments and relevant documentation in connection with the circumstances for the cancellation in e-mail of 22-05-2015 and 07-07-2015. Royal Air Maroc has, however, never reacted to any of these approaches.
The Danish Transport and Construction Agency states the following:
According to Regulation (EC) 261/2004 the operating carrier shall in case of long delays, cancellations or denied boarding offer the passengers amongst other things:
- Compensation, if certain conditions are met cf. Article 5,(3), cf. Article 7
Regarding compensation
It appears from Regulation (EC) 261/2004 Article 5 (3) that the operating carrier is not obliged to pay compensation, if the operating carrier can prove that the cancellation was caused by extraordinary circumstances, which could not have been avoided, even if all reasonable measures had been taken.
As mentioned, Royal Air Maroc has never reacted to any of our approaches and therefore not proven that the cancellation was caused by extraordinary circumstances, which could not have been avoided, even if all reasonable measures had been taken.
On this basis, the Danish Transport and Construction Agency finds that Budgetresenär is entitled to receive compensation.
As the flight in question was between 1500 and 3500 km, Budgetresenär is entitled to a compensation of EUR 400.
The Danish Transport and Construction Agency therefore requests that Royal Air Maroc compensate in the amount of EUR 400.
This decision is final and cannot be appealed to any other government authority. If the parties involved disagree with the decision, the case may be brought before the civilian courts.
Royal Air Maroc shall, within 4 weeks from today, compensate the passengers cf. Government order. no. 1549 of December 13, 2013, § 3, section. 2.
If Budgetresenär have not received compensation from the airline within 4 weeks from today, the Danish Transport and Construction Agency can be informed hereof. It may then be expected, that the Danish Transport and Construction Agency will bring the case before the Prosecution, with the request of a fine to be imposed on Royal Air Maroc for lack of observance of the decision of the Danish Transport and Construction Agency.
Best regards
XXXXXXXXXXX, legal advisor
Centre for Transport Markets