Consumer's Telegram June 2025

Insert of n. 45 - Editorial office: Centro Europeo Consumatori (European Consumer Centre Italy - Bolzano office)

AIR PASSENGER RIGHTS

The planned reform of the European regulation: a step backwards?

A proposal that deeply concerns the European Consumer Centres Network (ECC-Net) is currently being discussed in Brussels: the reform of the European Regulation on Air Passenger Rights No 261/2004 risks being a step backwards for millions of European air travellers. The network criticises in particular the fact that compensation would only be paid after very long delays, of 5, 9 or even 12 hours, depending on the distance of the flight. It is also being debated whether in future airlines should be able to delay re-routing on an alternative flight up to 12 hours after cancellation and whether the definition of “extraordinary” circumstances should be extended to exempt airlines from liability. Much of the passenger-friendly case law of the European Court of Justice that has matured over the last 20 years is therefore in danger of becoming obsolete. For more information.

ALTERNATIVE DISPUTE RESOLUTION

The end of the ODR platform

The ODR platform has been in place since 2016 and offered consumers and traders a central point of contact for the out-of-court settlement of disputes arising from online sales or service contracts. The European Consumer Centre Italy acted as the national contact point for the ODR platform, providing information on how the platform works, consumer rights and other dispute resolution procedures available in the EU, as well as helping with the submission of complaints. Until the final closure of the platform on 20 July, it is still possible to contact the national contact point for support. The European Commission is also currently working on setting up a new information page to help people find the most appropriate ways and bodies to resolve disputes. For further information.

JUSTICE IN EUROPE

The E-JUSTICE portal has recently been revamped

When consumers are unable to resolve their cross-border complaints amicably, they have the option of using the European Small Claims Procedure (ESCP - i.e. for disputes up to a value of 5,000 €), a judicial procedure available in all EU Member States (with the exception of Denmark). In parallel, there is also the European Payment Order (EPO): a simplified procedure to recover an uncontested pecuniary claim, a sum of money that is liquid and payable (i.e. determined in amount and not subject to a time limit or condition) from a person or company established in a member state of the European Union (except Denmark) other than one’s own. Citizens can find all relevant information and forms to be filled in on the recently reorganised European justice portal.

CASE OF THE MONTH
In 2023, a Dutch consumer wanted to book a flight ticket on the website of an Italian airline, but the booking process was not completed due to a technical problem. Despite this, the amount of the ticket was charged to the payment method provided by the consumer. The consumer immediately contacted the airline, which informed her that the ticket had not been issued and that the amount would be refunded within 48 hours. As further attempts to contact the airline were unsuccessful, the consumer contacted ECC Netherlands, which in turn forwarded the complaint to ECC Italy. Following the intervention of ECC Italy, the Dutch consumer finally received a full refund from the airline.