The Irish Aviation Authority has successfully prosecuted FlyOne SRL for failing to comply with statutory Directions issued relating to air passenger rights. This is the first time the IAA has prosecuted an airline for passenger rights offences. The case relates to nine separate claims from passengers who were entitled to compensation and/or refunds under EU Regulation 261/2004 following flight disruptions (delays or cancellations). The total amount due to be paid pursuant to the Directions was €4,372.70.
Airline FlyOne was issued with the Directions by the IAA for failing to compensate and/or refund the passengers in accordance with the EU regulation. Following their failure to comply with the Directions, the IAA decided to prosecute the airline. FlyOne did not appear in court. On Monday, the court found FlyOne guilty of all 9 offences brought and fined FlyOne €4,500. A contribution to the IAA’s costs was also directed. The Judge expressed the view that FlyOne should compensate the passengers.
Commenting on the judgment, the Head of Consumer Affairs at the IAA, Clare Mulcahy, said, “As Ireland’s Civil Aviation Regulator, ensuring compliance with European consumer protection legislation for air passenger rights is a priority. Passengers must receive the compensation and refunds they are entitled to under the law. The IAA will take robust enforcement action, including prosecution where necessary, to uphold passenger rights and hold airlines accountable for breaches of the air passenger rights legislation.”
