FIMITIC

On 12th of January, a French court found the British low-cost airline Easyjet guilty of discriminating against three disabled passengers in 2008 and 2009. The French organisation representing people with disabilities Association des Paralysés de France (APF) and the European Disability Forum (EDF) as well as the French National Disability Council (CFHE) welcome this important decision taken by a French court and based on the EU regulation.

3 REASONS WHY THIS IS A LANDMARK DECISION

Bruno Gaurier, member of the EDF transport task force, was invited as an expert. According to him, this decision is a landmark for 3 main reasons:

• The decision by the judge is unequivocal: Easyjet has committed discrimination on the grounds of disability.
• This is one of the first times that a civil case has been bought referring to an EU regulation (concerning the rights of disabled people and people with reduced mobility when traveling by air) and won in court. “Organisations of persons with disabilities hope this will be a real European case law.” added Bruno Gaurier.
• The French organisation APF supported the litigants in going through the legal process by providing a lawyer and eventually winning the case: “This is a best practice: the disability movement has to fight to make sure the law we have lobbied for is fully respected.”
   

DENIED BOARDING: THE WEAKEST LINK

The disability movement had been working closely with the European Commission until this regulation was adopted in 2006. EDF continued to work with all stakeholders, including airport councils and national governments, to make sure the implementation would improve the journey for many passengers with disabilities. The feedback we received after implementation confirmed our concerns about the interpretation of the regulations by the airlines, especially regarding the issues surrounding denial of boarding. It is important to check the implementation of a regulation with have supported and to make sure it is respected.

The court fined Easyjet 70,000 euros and their assistant company Euro-Handling 20,000 euros for not allowing the unaccompanied wheelchair users onto a plane at Charles-de-Gaulle airport near Paris after citing safety concerns. The lawyer for the three passengers described it as a "landmark ruling".

Easyjet has denied any "discriminatory intention" and says it may appeal.

During the trial, prosecutor Abdelkrim Grini said Easyjet's business model was behind the discrimination.

He accused the company of having "an aggressive commercial policy that consists of reducing operating costs as much as possible".

The company will face further similar charges in another court case in Paris in March and French organisation APF will again be the third party involved.

MORE INFORMATION ABOUT THE EU REGULATION

You can find information on the Regulation concerning the rights of disabled people and people with reduced mobility when traveling by air here: EC Regulation No 1107/2006