Many flights are canceled due to lack of air traffic controllers: are passengers entitled to compensation? | Business

It is true that airlines must take care of passengers’ food, drinks, accommodation or transport if the flight is disrupted and they have to wait for another flight.

The so-called air traffic controller shortage crisis in Europe is delaying or canceling many flights this summer.

Company photo/Balys Rimkus

According to Eurocontrol, the organization responsible for the safety of air navigation in Europe, various traffic management problems usually cause almost as many flight delays in the airspace as adverse weather conditions, and here in July of this year, traffic management problems were in the first place among the most frequent flight delays reasons.

According to the Financial Times, in the first week of July in Europe, only 56 percent flights were on time. Mass flight delays were caused by air traffic control problems and adverse weather conditions.

The Independent also recently reported that previously, delays were less than 5% due to various air traffic control issues. of all flights in Europe, after the Covid-19 pandemic this situation has worsened significantly. At the beginning of this summer, related delays already reached about 10 percent, and in recent weeks they have increased to 30 percent.

Ryanair DAC chief Eddie Wilson told British media that “air traffic control is causing unprecedented flight delays” and that the situation is “very difficult” at the moment.

Air traffic controllers are a profession of particular importance to air traffic. These specialists ensure safe and smooth air traffic, coordinate the movement of aircraft in airports and airspace, monitor the weather and promptly respond to air traffic control problems. Well, if there is a shortage of air traffic controllers or they go on strike (in 2022-2023 air traffic controllers and other air traffic control personnel went on strike in France, Spain, Italy, Germany), this not only paralyzes the work of airports, but also becomes a reason to postpone or even cancel some flights altogether.

Air traffic control, communications, navigation and monitoring services are provided by the joint-stock company “Oro navigacija” in Lithuanian airspace. This company currently employs 94 air traffic controllers.

“We are not faced with a shortage of workers for the position of air traffic controller, nor do we see any signs that such a shortage could occur in the future,” says Saulius Batavičius, General Director of AB “Oro navigacija”.

He notes that during the period of the Covid-19 pandemic, when flights practically stopped, the institutions of European countries responsible for flight management looked for various solutions in order to survive without having to stop operations due to financial challenges.

As a result, air traffic controllers were laid off in many places, the training of new specialists was stopped, and now, as air traffic quickly recovers and returns to previous levels, those institutions are facing a shortage of air traffic controllers. Meanwhile, training new specialists takes a lot of time – according to S. Batavičiaus, head of “Oro navigacijas”, training an air traffic controller is a long, complicated and careful planning process, which is subject to many requirements.

“At that time, Oro navigacija preserved all the jobs of air traffic controllers during the Covid-19 pandemic, and in addition, new specialists were being trained in order to ensure replaceability,” adds S. Batavičius. As a result, it is currently sufficient for these specialists to smoothly manage the traffic in the territory of the Lithuanian airspace, so the related flight disruptions are not recorded in the Lithuanian airspace.

According to Balys Rimkus, the founder of the Oro Skundas portal, which defends the rights of passengers in the event of flight disruptions, it is obvious that wise decisions were made in Lithuania during the coronavirus pandemic.

“If the opposite had happened, like other European countries, we would now be talking about an unprecedented shortage of air traffic controllers, which would also mean even more worries for all travelers,” says B. Rimkus.

Nevertheless, the expert emphasizes that the flights take place in the global airspace, Lithuanians crossing the airspace territories of various countries when traveling. Therefore, even if the air traffic management processes in Lithuania function smoothly, this does not mean that problems will not arise when flying through France, Spain or Italy.

“That’s what happens – we are already contacted by affected Lithuanians whose flights were delayed or canceled due to the air traffic controller shortage crisis in Europe. Such passengers are increasing rapidly,” says B. Rimkus, an expert at “Oro Skundos”.

Although more and more flight disruptions due to the lack of air traffic controllers are being recorded, B. Rimkus regrets that the injured passengers are not entitled to compensation in such cases. The expert reminds that the main legal act regulating the protection of the rights of airline passengers is the European Parliament and Council Regulation (EC) No. 261/2004 – provides that if the flight is delayed or canceled for reasons beyond the control of the air carrier, compensation should not belong to the passengers.

“According to the current passenger protection regulations, which have been in place for almost twenty years, air traffic control, air traffic controller-related disruptions are classified as causes beyond the control of airlines.

This means that in such cases, the airlines do not have the obligation to pay compensation to the passengers”, notes B. Rimkus, expert of the portal “Oro skundas”.

It is true, he adds, that even when flights are disrupted due to circumstances beyond the airline’s control, airlines still have a duty to take care of their passengers: provide food, drink, if necessary, and lodging and transportation to and from their accommodation. the airport. Passengers are therefore advised to keep all evidence of expenses incurred, such as receipts and invoices: these documents may be required when submitting a claim to airlines for reimbursement of expenses incurred.