Do European air transport regulations apply to passengers traveling from/to the Republic of Serbia?
YES. Passenger rights guaranteed under European regulations apply to:
Passengers departing from an airport located in the territory of a contracting party to the ECAA Agreement, where the Agreement is applicable (hereinafter: ECAA area);
Passengers departing from an airport in a third country to an airport within the ECAA area, unless they have already received compensation, damages, or assistance in that third country—provided that the actual air carrier on that flight is an airline from a country that is a signatory to the ECAA Agreement.
The ECAA Agreement (European Common Aviation Area) is a Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia, and the United Nations Interim Administration Mission in Kosovo (in accordance with UN Security Council Resolution 1244 of June 10, 1999), aiming to establish a Common European Aviation Area.
Which documents are valid for protecting air passenger rights in the Republic of Serbia?
LAW:
Law on Civil and Property Liability in Air Transport
EU Regulations transposed into Serbian law:
261/2004: Common rules on compensation and assistance to passengers in the event of denied boarding and flight cancellation or
long delay
1107/2006: Rights of disabled persons and persons with reduced mobility when traveling by air
2027/97: Air carrier liability in the event of accidents
Additionally, the Montreal Convention provisions are integrated into the Law.
A European airline recently lost your luggage. You complained, but you’re not satisfied with the response. Can you escalate your complaint elsewhere?
YES. You can contact the consumer protection center in your country. The amount of damages is determined by a court if mediation through consumer centers fails.
The Directorate cannot order the airline to pay compensation for damaged baggage, because the actual value can only be determined by a court during the passenger’s legal claim process.
When booking a recent flight, you were shocked by the final price including added taxes and fees. Aren’t airlines required to clearly show the total ticket price upfront, including taxes and charges?
YES. The price of each component must be clearly displayed (ticket price, taxes, and all additional charges and fees).
If you're flying from a non-EU country, such as the USA to Paris, do you have any rights if your flight is cancelled?
YES. EU passenger rights apply if your flight is operated by an airline licensed in an EU country.
If your flight is operated by a non-EU airline, your rights depend on the laws of the country that issued the airline's license.
You booked a flight from Belgrade to Barcelona. Because of traffic congestion, you arrived at the airport just before the gate closed but were denied boarding. Do you have any rights?
NO. You didn’t meet the check-in deadline and failed to comply with the airline’s boarding time requirements.
Is there a deadline for filing a claim for reimbursement due to flight cancellation?
This depends on the national legislation and varies between EU countries and others.
For more details, contact the national enforcement body or consumer protection center responsible for your case.
Do you have any rights if you miss a connecting flight?
Yes. If your flights were booked together as a single reservation and you arrive at your final destination more than three hours late — and the delay wasn’t caused by extraordinary circumstances — you are entitled to financial compensation, based on established EU case law.
You had a flight from Belgrade scheduled for this morning, but just received a message from the airline that it was cancelled. Do you have any rights?
Yes. Under national law, you have the right to a full refund for the part of the journey not completed, or to be rebooked on another flight as soon as possible.
If you’re already at the airport and you choose to be rebooked, you are also entitled to meals and refreshments according to the length of the wait, and to two phone calls, text messages or emails.
If your alternative flight is scheduled for the following day, you are entitled to hotel accommodation and, depending on the situation, to financial compensation as well.
If an aircraft develops a technical fault, can it be considered an extraordinary circumstance?
No. A technical issue identified during routine maintenance, or resulting from a failure in maintenance, does not constitute an extraordinary circumstance.
Yes, in the case of a defect arising from an incident outside normal operations and beyond the airline’s control.
For example, a hidden manufacturing defect identified by the aircraft manufacturer or a competent authority, or damage caused by sabotage or an act of terrorism, may be considered an extraordinary circumstance.
Your flight was delayed, and you arrived at your destination four hours late. Are you entitled to compensation?
Yes. If you reach your final destination with a delay of three hours or more, and the delay was not caused by extraordinary circumstances, you may be entitled to financial compensation.
In addition, if your departure is delayed by two hours or more, the airline must offer assistance — including meals, refreshments, and if necessary, accommodation. If you arrive at your final destination more than three hours late due to that delay, you also have the right to compensation.
At check-in, you were informed that your flight from Belgrade to Warsaw was cancelled. You chose not to travel and were told you would be refunded and compensated. Several weeks have passed, but you haven’t received anything. Is there a deadline for the refund and compensation?
Yes. The price paid for the ticket should have been refunded within seven days of the flight cancellation. As for compensation, its payment depends on the reason for cancellation — but neither EU regulations nor national law set a specific deadline for when the compensation must be paid.
Are you only entitled to compensation for cancelled flights, or can you also claim compensation for delays?
You are entitled to compensation in both cases. However, if the delay or cancellation was caused by extraordinary circumstances — such as severe weather — you may not be entitled to compensation.
Even in such cases, the airline must still offer assistance (a refund or rerouting), as well as meals and/or accommodation during your wait for the next available flight.
Your flight was cancelled due to an airline staff strike. What are your rights? Can you claim compensation?
If your flight is cancelled, you are always entitled to one of the following: a full refund, rerouting to your final destination, or a return flight — along with assistance such as meals, refreshments, and hotel accommodation where applicable.
You may also be entitled to compensation if the cancellation notice was given less than 14 days before the scheduled departure, unless the airline can prove that the cancellation was due to extraordinary circumstances.
A strike organized by the airline’s own staff — for example, as part of a labour dispute — does not qualify as an extraordinary circumstance. In such cases, the airline remains liable for compensation in the event of a cancellation or long delay.
On the other hand, strikes by air traffic control or airport staff may be considered extraordinary circumstances and may exempt the airline from paying compensation, although assistance must still be provided.
If you are not satisfied with the airline’s explanation, you can contact the national enforcement body responsible in your country for further assistance.
You bought a ticket from airline X but flew with airline Y. Who is responsible if something goes wrong?
Many airlines operate under code-share agreements, which allow them to sell flights operated by other carriers under their own flight numbers. However, when a problem occurs, the operating carrier is responsible for handling complaints and passenger rights. For flights sold under a code-share but operated by a different airline, the airline that actually operated the flight (e.g., airline Y) is liable.
In wet lease arrangements — where airline X leases both the aircraft and crew from airline Y — the airline that entered into the contract with the passenger (airline X) remains responsible.
The airline delayed my flight’s departure. What rights do I have as a passenger?
According to EU regulations, a delay of three hours or more is considered equivalent to a cancellation. You are entitled to the same rights as passengers on cancelled flights.
The airline changed my departure time, and now my flight leaves earlier than originally scheduled. What are my options?
If the departure time is advanced by more than one hour, the flight is considered cancelled. You have the same rights as you would in the event of a cancellation.
We booked a flight to Venice, but the airline changed the destination and landed in Bologna instead. We had to organize our own transport to Venice. What rights do we have?
Under EU rules, a flight that lands at an airport not serving the same city or region as the one originally booked is considered cancelled.
Landing in Bologna instead of Venice qualifies as a cancelled flight, since Bologna Airport does not serve the same region as Venice Airport. You have the same rights as for a cancellation — and you can also request reimbursement of any transport costs you had to cover to reach Venice. If the airline had arranged your onward transport to Venice — for example, by bus or taxi — the flight would be treated as delayed, not cancelled.
We were supposed to fly from Amsterdam, but the flight now departs from Düsseldorf. What should we do?
If an airline changes the airport of departure, it is considered equivalent to rerouting the flight. The flight is considered cancelled — unless the airline provides transport from the originally scheduled airport to the new one.
I was denied boarding on a Dortmund–Belgrade flight operated by an EU-based airline. I’m not satisfied with the airline’s response. Who is responsible for handling my case?
According to national law and EU regulations, and given that the incident occurred outside the territory of the Republic of Serbia — at an airport within a country that is party to the ECAA Agreement (DTM – Dortmund International Airport) — the Serbian Civil Aviation Directorate is not responsible.
Jurisdiction is clearly defined: inspectors from Serbia’s Directorate of Civil Aviation do not have authority in another country, nor do foreign inspectors have authority in Serbia (based on the Interpretative Guidelines on Regulation (EC) No 261/2004, Brussels, 10.6.2016 C(2016) 3502 final).
This flight (DTM–BEG) falls under the jurisdiction of the German aviation authorities (location of denied boarding) and the authorities in the country where the airline is based.
Our flight from Larnaca to Belgrade was cancelled right before departure. We filed a complaint with the airline, but they said they can’t pay compensation due to force majeure. Who can give us the official reason for the cancellation?
Only the airline can provide official information regarding the exact departure/arrival time and the reason for the cancellation or delay — either at the passenger’s request or, in court proceedings, upon request of the court (Interpretative Guidelines on Regulation (EC) No 261/2004, Brussels, 10.6.2016 C (2016) 3502 final).
Civil aviation authorities normally do not have access to this information.
The airline failed to pay compensation. Can I request payment from the Civil Aviation Directorate of Serbia?
The Directorate is the competent authority in Serbia responsible for monitoring compliance with the Law on Civil and Property Liability in Air Transport, including passenger rights under EU legislation. However, it is the airline’s responsibility to handle claims for financial compensation.
The Directorate does not deal with individual claims. In line with international standards, its role is limited to oversight and enforcement.
The Directorate does not have the authority to influence how airlines assess or resolve compensation claims. The only legal action the Directorate may take is to initiate a misdemeanour procedure if during an inspection, an aviation inspector identifies a failure to comply with legal provisions concerning passenger rights. Please note that the Directorate does not provide compensation or refunds to passengers under the law or Regulation (EC) No 261/2004, nor can it enforce civil claims on behalf of individual passengers.
Such claims must be referred to directly to the airline, and if necessary, pursued through mediation or legal action. Still, under Article 97 of the Law, passengers reserve the right to seek legal remedy by bringing a claim before a competent court.
