Community legislation has established a strict set of rules of law, with the aim of fully protecting the rights of passengers in the event of a railway accident. The need for full harmonization of the legislation of all Member States led the European institutions, and specifically the European Parliament and the Council of the European Union, to adopt a Regulation, i.e. a binding legislative act with mandatory, horizontal, and direct application to all Member States of the Union.
The main objective of REGULATION (EU) 2021/782, as reflected in its recitals, is to enhance passenger safety. This is achieved by establishing a strict liability framework for railway undertakings and granting a set of rights to passengers on railway networks in the event of a railway accident resulting in their injury or death.
Specifically, in the event of an accident resulting in the injury or death of a passenger, the railway undertaking is obliged, without delay and within 15 days at the latest, to advance the amount necessary to cover the financial needs of the victim caused by the accident. In fact, the Regulation does not merely refer to compensation, but also sets a minimum threshold of €21,000, meaning that any compensation paid by railway undertakings cannot be less than this amount. This advance payment does not constitute an admission of liability on the part of the railway undertaking, nor is it refundable, with two exceptions: a) if the damage was caused by the passenger’s fault or negligence, and b) if the person who got the advance payment wasn’t actually the one who was entitled to the compensation.
At the same time, the Regulation requires railway undertakings to maintain an organized complaint handling mechanism so that passengers can submit their complaints. Such complaints must be submitted within three months of the incident complained of.
Finally, if the railway undertaking does not respond to the complaint submitted to it, the passenger has the right to contact the Railway Regulatory Authority, which acts as a second-level body. In this case, the RRA always gives the rail transport service provider the right to present its views.
