Pursuant to the Act on the Obligatory and Actual Legal Relations in Air Transport (OG 132/98, 63/08, 134/09, 94/13), the Agency conducts a procedure for the protection of passengers' rights in order to resolve the dispute amicably. In this procedure the Agency will first contact the carrier or the airport seeking the reason and evidence for the disturbance prescribed by Regulation 261/2004 and Regulation 1107/2006. At the end of the procedure the Agency will issue a final opinion in two cases: when it finds that the passenger is not entitled to rights prescribed by the Regulations or when it considers that the passenger is entitled to those rights and the peaceful settlement of the dispute has failed because the carrier or the airport has not complied with the Regulations. Final opinions are not legally binding. If the passenger is not satisfied with the outcome of the proceeding, he/she has the right to file a lawsuit in the competent court.
There are no legal deadlines in the procedure regarding protection of passengers’ rights, but in accordance with the European Commission’s document, complaint handling procedure should normally take a maximum of:
- 3 - 4 months for clear cases
- 6 months for complex cases
- longer than 6 months for cases that are involving legal proceedings