Passenger Rights’ National Enforcement Bodies

National Enforcement Bodies (NEB) are public bodies nominated by Member States to verify that transport operators in air, rail, water, bus and coach respect the rights of passengers. Such rights include, among others, compensation and/or reimbursement in the event of delay or cancelation, right to transport for person with disabilities, liability for broken or lost mobility equipment and assistance free of charge. You will find more about such rights in the five European Passenger Rights Regulations.

If you believe your rights under these regulations have not been respected, you can contact the competent NEB. In some cases, you can go to them directly but in others, you are required to settle the problem with the transport operator first through their own complaint handling mechanisms.

How to act

  • If any of your rights as contained in the Passenger Rights Regulations has been violated, in most cases, you should contact the National Enforcement Body (NEB) of the country where the incident took place. In some cases, the NEB will require you to submit the complaint to the transport operator concerned before submitting the complaint to them.
  • There are different NEBs in each country, depending on the transport mode concerned (Air, Rail, Bus or Waterborne Transport). You can find the full list of NEBs in the European Commission’s website. Please note that in some countries there can a separate NEBs on air passengers’ rights for persons with disabilities.
  • What the NEB can do for you will depend in each Member State according to its powers and resources. If the NEB finds that your rights have been breached, their final decision is not always binding on the transport operator. If that is the case, you will need to consider using other methods to seek redress (Alternative Dispute Resolution Bodies, Equality Bodies or National Courts).
  • Although we can’t provide legal advice, we advise you to report your case in EDF discrimination database. This information supports our evidence-based advocacy actions in this field.

Disability examples

 

  • Denmark: a passenger with reduced mobility submitted a complaint to the Danish National Enforcement Body for lack of proper assistance by the airport service provider. Among others, the Passenger complained about the disrespectful and rude attitude of the person that was supposed to assist. Following this complaint, the Enforcement Body got in touch with the PRM Service Provider to seek clarifications on the situation. After the inquiry, the NEB concluded the Service Provider’s procedures were compliant with Regulation (EC) 1107/2006 on the rights of persons with disabilities and reduced mobility when traveling by air but that there was awareness shortcoming. In this sense, the NEB produced several recommendations, which the Service Provider took into account.
  • Ireland: The Security Personal in the airport did not treat with respect and regard to the disability a visually impaired passenger who had pre-notified assistance. After this experience, the passenger decided to bring a complaint to the airport concerned. After receiving no response from the airport, the passenger brought the case to the competent NEB. The NEB contacted the airport to clarify their policy for visually impaired and blind passengers going through security as well as the training provided to the personnel. The aim was to confirm that it was in line with Regulation (EC) 1107/2006 on the rights of persons with disabilities and reduced mobility when traveling by air. During this process, the Airport provided all the information and conducted an internal investigation, which confirmed that the treatment to the passenger was not in line with their standards and policy. The NEB also requested the airport to contact the passenger regarding the unanswered complaint.