Wed, May 29, 2024
Polish Court Weighs in On Passenger Name Record Issue
The European Business Aviation Association has taken a victory lap regarding a successful legal victory in Poland, establishing a "historic precedent for the Passenger Name Record (PNR) issue in the country."
The case was the first 'PNR case' heard in Poland, setting a precedent to shape enforcement into the future. The case in question was brought by an air carrier in the business sector, fined by the Polish Border Guard for allegedly violating PNR law on the books. Poland's Supreme Administrative Court agreed with the plaintiffs, reversing the judgment of the lower court and annulled the decision imposing the fine, aligning its ruling with the provisions of the European Directive 2016/681 (PNR Directive) and the judgment of the Court of Justice of the European Union (CJEU), ref. C-817/19. It's been well received by the industry at large, allowing affected parties to pursue their claims for previous PNR regulations. Still, like any precedent, it can take a while for the effects to work their way to the ground level. Those who've had a run-in with Polish authorities would do well to maintain their legal specialists in case the rollout doesn't go as smoothly as the EBAA hopes.
“We have been working on this issue for a long time, and this ruling is great news for our members," said Robert Baltus, Chief Operations Officer of EBAA. "It demonstrates the power of having a collective voice in Europe and underscores the importance of our ongoing advocacy efforts. This victory highlights the strength and unity of the business aviation community in Europe."
“We are thrilled with the Supreme Administrative Court’s decision, which not only vindicates our member air carrier but also paves the way for more just and equitable treatment under the PNR regulations,” said Holger Krahmer, EBAA Secretary General. He's happy to see a win for the often embattled European bizjet industry. “This victory is a testament to the collective efforts and support from our members and the broader business aviation community.”
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