Originally Posted by
Knobbgb
But is a law enforceable if it is backdated in such a way? The specific Greek law was passed on 13th April but came into effect for bookings cancelled from 25th February. I really don't see how it could stand up in the European courts if it ever came to that, which it almost certainly never will, unfortunately.
Found an English version here, hope it's accurate:
https://contessinacollection.com/cov...lation-policy/
In any case, whether backdated or not, this law contradicts EC261/2004, which leaves no room for member states to add any additional provisions to the right to reimbursement. Any (local) court tasked with settling a dispute on this matter (e.g. between you and an airline refusing to reimburse you) would have to follow EC261, since it overrules any contradicting national provisions, and could only take non-contradicting parts of the national law into consideration.
(Theoretically, the national courts (which one specifically depends on the member state's justice system) could defer the question to the Court of Justice of the European Union, which would probably invalidate these provisions, because they weaken the higher-ranking EU law. Similarly, the Commission could start an infringement procedure against Greece and thereby force Greece to repeal the provisions. Both of which isn't necessary though, because already in the local court EU law will take precedent.)
Of course, no matter the legality of the provisions, it gives airlines enough cover to try and force you to take a voucher. It would be interesting to see how the National Enforcement Bodies (such as
Hellenic Civil Aviation Authority - Passenger Rights) interpret the situation and whether airlines actually were to accept any arbitration leading to a cash reimbursement. If so, there's a rather easy (albeit not quick) way to get your money back without having to involve a court. Besides chargebacks of course, but their usefulness has already been discussed at length, it seems.
All that being said, this law looks very similar to the Commission's guidelines released today, just that the Commission knows that this can only be offered as an additional choice to passengers, not as a replacement to the existing right to reimbursement:
Making vouchers a more attractive option for consumers:
Under EU rules, travellers have the right to choose between vouchers or cash reimbursement for cancelled transport tickets (plane, train, bus/coach, and ferries) or package travel. While reaffirming this right, the Commission's recommendation aims to ensure that vouchers become a viable and more attractive alternative to reimbursement for cancelled trips in the context of the current pandemic, which has also put heavy financial strains on travel operators. The voluntary vouchers should be protected against insolvency of the issuer, with a minimum validity period of 12 months, and be refundable after at most one year, if not redeemed. They should also provide passengers sufficient flexibility, should allow the passengers to travel on the same route under the same service conditions or the travellers to book a package travel contract with the same type of services or of equivalent quality. They should also be transferable to another traveller.
Source:
https://ec.europa.eu/commission/pres...l/en/ip_20_854