North Macedonia - provisions on air passenger rights

The rights of passengers in the event of denied boarding, cancellation and long delay of flights in North Macedonia are governed by the Law on Obligations and Property Relations in Air Transport (Official Gazette of the Republic of Macedonia Nos. 85/2008, 148/2011, 10/2015, 150/2015 and 173/2015). The law does not reproduce the rules but refers to Regulation (EC) No 261/2004, which has been incorporated into Macedonian law by virtue of the European Common Aviation Area (ECAA) Agreement. Only the provisions that refer to the Regulation and the complaint procedure are published here.

Which flights it applies to

The scope is that of Regulation 261/2004, applied within the ECAA:

• flights departing from an airport in the European Common Aviation Area (ECAA) - the EU Member States, North Macedonia and the other parties to the ECAA Agreement;
• flights from an airport in a third country to an airport in the ECAA, when the flight is operated by a carrier from a party to the Agreement, unless the passengers received benefits or compensation and were given assistance in that third country.

The rights do not apply to passengers travelling free of charge or at a reduced fare not available to the public. They do apply, however, to tickets issued under frequent flyer programmes.

Amount of compensation

• €250 per passenger for flights of 1,500 km or less;
• €400 per passenger for flights within the ECAA of more than 1,500 km and for all other flights between 1,500 and 3,500 km;
• €600 per passenger for all other flights.

The right to compensation arises in the event of denied boarding against the passenger’s will and in the event of cancellation. The conditions and exceptions are set out in Regulation (EC) No 261/2004. The carrier may reduce the compensation by half if it offers re-routing that brings the passenger to the destination within 2, 3 or 4 hours of the scheduled arrival, depending on the distance.

In the event of delay, the Regulation gives a right to care: meals and refreshments and, where an overnight stay becomes necessary, hotel accommodation and transport between the airport and the place of accommodation. For a delay of at least 5 hours, the passenger is also entitled to a refund of the ticket price if they decide not to travel.

The Civil Aviation Agency of North Macedonia expressly states on its page on delayed flights that, following the judgment of the Court of Justice of the EU in joined cases C-402/07 and C-432/07, a passenger arriving at the final destination 3 or more hours late is entitled to compensation, unless the carrier proves that the delay was caused by extraordinary circumstances.

Complaints and deadlines

• the complaint is submitted to the carrier in writing;
• if the carrier does not uphold the complaint within 30 days of receiving it, the passenger may bring an action before the court;
• default interest on the passenger’s claim runs from the day the complaint is received by the carrier.

Below are the provisions of the law that refer to Regulation (EC) No 261/2004 (Articles 1, 9, 10 and 11) and the complaint procedure (Article 86). The law also contains other rules on air transport that are not included here.

Note on the translation. The official text is in Macedonian. The translation is by Aeroisk, based on the text with the amendments of 2011 and 2015. The name “Republic of Macedonia” is kept as it appears in the official text. Omitted parts of the law are marked with “(…)”.

LAW ON OBLIGATIONS AND PROPERTY RELATIONS IN AIR TRANSPORT

(Закон за облигационите и стварноправните односи во воздушниот сообраќај)

(Official Gazette of the Republic of Macedonia Nos. 85/2008, 148/2011, 10/2015, 150/2015 and 173/2015)

PART ONE

GENERAL PROVISIONS

Scope

Article 1

(…)

(2) In addition to the provisions of this Law, obligations in air transport are governed, with respect to:

- compensation for damage and assistance to passengers in the event of refusal to allow them to board the aircraft, cancellation of the flight and long delay of the flight - in accordance with Regulation (EC) 261/2004 of 11 February 2004. The Regulation establishes common rules on compensation for damage and assistance to passengers in the event of refusal to allow the passenger to board the aircraft for carriage, cancellation of the flight and major delay of the flight (hereinafter: “Regulation 261/2004”). It has been adopted in accordance with Annex I to the Multilateral Agreement on the Establishment of a European Common Aviation Area of 9 June 2006, published in the “Official Gazette of the Republic of Macedonia” - International Agreements, No. 27/2007;

(…)

PART TWO

OBLIGATIONS

CHAPTER I

CONTRACT FOR THE CARRIAGE OF PASSENGERS, BAGGAGE AND GOODS

Section I

Carriage of passengers and baggage

1. Contract for the carriage of passengers

(…)

Cancellation of the flight

Article 9

Compensation for damage and assistance to passengers in the event of cancellation of a flight are governed in accordance with Regulation (EC) 261/2004.

Refusal to allow the passenger to board the aircraft and long delay of the flight

Article 10

Compensation for damage and assistance to passengers in the event of refusal to allow the passenger to board the aircraft and in the event of long delay of the flight are governed in accordance with Regulation (EC) 261/2004.

Informing passengers

Article 11

Informing passengers about compensation for damage and the provision of assistance in the event of cancellation of the flight, refusal to allow the passenger to board the aircraft for carriage and major delay of the flight is governed in accordance with Regulation (EC) 261/2004.

(…)

Section V

Complaints

Submission and written form of the complaint

Article 86

(1) The holder of the right shall exercise a claim under the contract of carriage by submitting a written complaint to the carrier within the prescribed time limit, in accordance with the provisions of this Law, the Montreal Convention and the acts of the European Union to whose application this Law refers.

(2) If, within 30 days of the day of delivery of the complaint, the carrier does not satisfy the claim in it, the holder of the right may exercise the claim by bringing an action before the court.

(3) Default interest on the claims of the holder of the right runs from the day of delivery of the complaint.

(4) Default interest on the carrier’s claim runs from the day of delivery of the claim to the passenger or to the person who ordered the carriage.

(…)

Base text: Law on Obligations and Property Relations in Air Transport, Official Gazette of the Republic of Macedonia No. 85/2008. The amendments of 2011 and 2015 are listed under “Sources and updates”. Translation by Aeroisk.