Other than the fact that the payments appear to be as of right, ie without any proof of damage, the proposed European Commission legislation in respect of compensation to delayed passengers is nothing new (Flight International, 12-18 August). In passenger carriage governed by the Warsaw Convention and its derivatives (such as the Hague Protocol), which covers virtually all of Europe, carriers already have what amounts to a liability without proof of fault for damage occasioned by delay.
Although you say that "compensation payouts" were capped by the Warsaw Convention, the limit of liability in respect of damage occasioned by delay to a passenger is the same as for death and, in terms of most delays, effectively no limit.
I suspect that what really exercises the carriers is that, whereas Warsaw/Hague liabilities are generally insurable, delays caused by a commercial decision, such as overbooking by carriers for yield management reasons, are not.
Tony Kilbride Newdigate, Surrey, UK
Source: Flight International