European Transport Law: Aviation, Railways, Maritime Transport, and Passenger Rights

European Transport Law: Aviation, Railways, Maritime Transport, and Passenger Rights

European Union transport law governs the movement of people and goods across one of the world’s most integrated regional markets. It establishes common rules for access to transport markets, safety, infrastructure, competition, environmental performance, and the rights of passengers. Its significance extends beyond the transport sector itself: the movement of goods and people is essential to the internal market, economic cohesion, international trade, tourism, employment, and the practical exercise of free movement within the Union.

Transport is also a field in which European integration has developed through several distinct regulatory systems. Aviation, railways, road transport, and maritime shipping have different technical characteristics, infrastructure requirements, safety risks, and international obligations. EU law therefore does not impose one uniform transport regime. Instead, it combines common Treaty principles with sector-specific legislation and cooperation between European institutions, national authorities, regulators, and international organisations.

The legal framework rests principally on Articles 90–100 of the Treaty on the Functioning of the European Union (TFEU). It seeks to establish a common transport policy while ensuring fair competition, safe services, efficient infrastructure, environmental sustainability, and appropriate protection for passengers. This article examines the constitutional foundations of EU transport law, the regulation of aviation, railways and maritime transport, the rights of passengers, and the relationship between transport policy and the Union’s climate and internal-market objectives.

The article will distinguish between rules already applicable and reforms adopted in 2026 that have not yet begun to apply. This is particularly important for air passengers: Regulation (EU) 2026/2202 was published in October 2026, but its new compensation and assistance framework should not be confused with the rules governing every journey immediately after publication. The existing Regulation 261/2004 remains central during the transition. EUR-Lex+1

1. Constitutional Foundations of European Transport Law

The principal legal foundation of the European Union’s common transport policy is Title VI of Part Three of the Treaty on the Functioning of the European Union. Articles 90–100 TFEU establish the framework for the development of transport policy, including the regulation of international transport, access to national transport markets, infrastructure, and the conditions under which transport services operate.

Article 90 provides that the objectives of the Treaties are to be pursued within the framework of a common transport policy. Article 91 authorises the European Parliament and the Council, acting under the ordinary legislative procedure, to establish common rules applicable to international transport to and from Member States, the conditions under which non-resident carriers may operate within a Member State, measures improving transport safety, and other appropriate provisions.

Article 91 is therefore the principal legal basis for much of the Union’s transport legislation. Article 100(1) extends the Treaty provisions to transport by rail, road, and inland waterways. Under Article 100(2), the European Parliament and the Council may determine whether and to what extent appropriate provisions should be adopted for sea and air transport.

This distinction reflects the historical development of European transport regulation. Aviation and maritime shipping have traditionally been governed by extensive international conventions and specialised regulatory organisations. Their integration into the EU legal order has consequently developed through a combination of internal market legislation, international cooperation, and sector-specific Union measures.

Transport policy is also connected with other Treaty objectives. Article 26 TFEU establishes the internal market, while Articles 34–36 and 45–56 support the free movement of goods, workers, and services. Articles 170–172 provide the legal foundations for trans-European networks, including transport infrastructure. Environmental objectives under Articles 11 and 191 TFEU influence the regulation of emissions, fuels, infrastructure, and transport investment.

The EU’s common transport policy pursues several connected objectives:

• Establishing an integrated market for transport services.
• Removing unjustified barriers to cross-border movement.
• Promoting competition and preventing discriminatory market practices.
• Improving transport safety and technical interoperability.
• Developing cross-border infrastructure.
• Protecting passengers and ensuring accessible transport.
• Reducing the environmental impact of transport.
• Strengthening the resilience and security of European transport networks.

These objectives are not always easy to reconcile. Market liberalisation may increase competition but also require safeguards against unsafe or unfair operating conditions. Infrastructure expansion may improve connectivity while creating environmental and land-use conflicts. Decarbonisation may require significant investment and changes in transport costs.

EU transport law therefore operates as a framework for balancing economic integration, public safety, environmental protection, and the rights of transport users.

2. The Institutional Framework of EU Transport Regulation

Transport regulation involves several European institutions and specialised agencies. Their responsibilities differ according to the sector concerned.

The European Commission, particularly its Directorate-General for Mobility and Transport (DG MOVE), develops legislative proposals, monitors the implementation of EU transport legislation, coordinates policy, and oversees certain regulatory programmes. It also has enforcement responsibilities under the Treaties and may initiate infringement proceedings where Member States fail to comply with EU law.

The European Parliament and the Council act as co-legislators for most transport legislation adopted under Article 91 TFEU. They establish the legal framework for market access, infrastructure, safety, environmental standards, and passenger rights.

Specialised agencies provide technical expertise and perform regulatory or supervisory functions.

The principal agencies include:

European Union Aviation Safety Agency (EASA). Established under Regulation (EU) 2018/1139, EASA supports common civil aviation safety standards. Its responsibilities include aircraft certification, airworthiness, operational safety, pilot and crew-related regulatory frameworks, and environmental aspects of aviation within its mandate.

European Union Agency for Railways (ERA). Established under Regulation (EU) 2016/796, ERA supports railway safety and interoperability. It issues certain authorisations and safety certificates and contributes to the development of a single European railway area.

European Maritime Safety Agency (EMSA). Established under Regulation (EC) No 1406/2002, EMSA provides technical assistance to the Commission and Member States on maritime safety, pollution prevention, maritime surveillance, and the implementation of EU maritime legislation.

These agencies do not replace national authorities. Their role is to promote consistent application of EU rules, perform specific tasks assigned by legislation, and facilitate cooperation between national administrations.

National authorities remain responsible for many operational matters, including licensing, inspections, enforcement, infrastructure management, and the supervision of transport operators.

3. The Trans-European Transport Network (TEN-T)

An integrated transport market requires infrastructure capable of connecting national systems. A railway line ending at a border without an adequate connection, a port lacking efficient inland links, or an airport without suitable rail access may limit the practical value of the wider European network.

The Trans-European Transport Network (TEN-T) is the Union’s principal framework for planning and developing strategic transport infrastructure.

The current legal basis is Regulation (EU) 2024/1679 on Union guidelines for the development of the trans-European transport network. It replaced the previous TEN-T Regulation and introduced a revised approach to network planning, infrastructure standards, cross-border connectivity, and sustainability.

The network includes railways, roads, inland waterways, maritime routes, ports, airports, and multimodal terminals. It is designed to connect major urban centres, industrial regions, logistics hubs, and border-crossing points.

Three levels of the network

The Regulation establishes three development layers:

1. Core network: the most strategically important connections, with a completion deadline of 31 December 2030.
2. Extended core network: an intermediate layer intended to strengthen the core network, with a completion deadline of 31 December 2040.
3. Comprehensive network: the wider network connecting all EU regions to the principal transport corridors, with a completion deadline of 31 December 2050.

The three stages reflect different infrastructure priorities. The core network focuses on major strategic connections, while the comprehensive network is intended to ensure broader territorial accessibility.

European Transport Corridors

The Regulation integrates the former core network corridors and rail freight corridors into European Transport Corridors. These corridors are intended to coordinate infrastructure development and operational planning across borders and transport modes.

They are particularly important for long-distance freight, passenger rail, ports, and the movement of goods between major economic regions.

The revised TEN-T framework also takes account of military mobility and the need for infrastructure capable of supporting resilience and security requirements.

Funding and project implementation

TEN-T projects may receive support through EU funding instruments, including the Connecting Europe Facility (CEF), cohesion policy funds, and other relevant programmes.

The Connecting Europe Facility is governed principally by Regulation (EU) 2021/1153. It supports strategic infrastructure projects in transport, energy, and digital networks.

Funding does not automatically follow from inclusion in the TEN-T network. Projects must satisfy the applicable eligibility, financial, technical, and environmental conditions.

The TEN-T framework is therefore both a planning instrument and a mechanism for coordinating investment across national borders.

4. European Aviation Law

Aviation is one of the most extensively integrated transport sectors within the European Union. The creation of a single aviation market has removed many national restrictions on market access and enabled airlines to operate across Member States under common rules.

European aviation law regulates market access, operational safety, aircraft certification, air traffic management, airport charges, security, environmental performance, and passenger protection.

The internal aviation market

Regulation (EC) No 1008/2008 on common rules for the operation of air services is a central instrument of the single European aviation market.

It establishes common rules for licensing air carriers, access to intra-Community air routes, and the pricing of air services.

An EU airline holding a valid operating licence may generally provide air services within the Union without having to obtain separate market-access authorisation in every Member State, subject to the applicable regulatory conditions.

The Regulation also establishes rules concerning ownership and effective control of EU air carriers, financial fitness, and insurance.

The liberalisation of aviation has enabled airlines to develop cross-border networks and has increased competition between established carriers and newer market entrants.

However, market access remains subject to safety requirements, licensing conditions, airport capacity, competition rules, and other applicable EU legislation.

Aviation safety and EASA

Regulation (EU) 2018/1139, commonly referred to as the Basic Regulation, establishes common rules in the field of civil aviation and the legal framework of EASA.

The Regulation seeks to ensure a high and uniform level of civil aviation safety throughout the Union. It covers matters including aircraft airworthiness, environmental certification, flight operations, aircrew, aerodromes, and air traffic management within the scope of the legislation.

EASA develops technical standards, provides certification and oversight functions, and assists the Commission in implementing the common regulatory framework.

National aviation authorities continue to perform important supervisory and enforcement functions. Their work must be consistent with the common European standards.

Aviation safety also depends on accident investigation. Regulation (EU) No 996/2010 establishes rules concerning the investigation and prevention of accidents and incidents in civil aviation. Its objective is to improve safety rather than assign blame or determine liability.

Air traffic management and the Single European Sky

The fragmentation of European airspace has historically created operational inefficiencies, including longer routes, congestion, and increased fuel consumption.

The Single European Sky initiative seeks to improve air traffic management through cooperation, technical harmonisation, and more efficient use of European airspace.

The framework was substantially revised through Regulation (EU) 2024/2803, which forms part of the Single European Sky 2+ reform.

The legislation addresses air navigation service provision, performance and charging arrangements, network management, and the coordination of air traffic management across national boundaries.

The objective is to make the European aviation system more efficient and resilient while maintaining high safety standards.

Air traffic management is particularly important because aviation emissions and operating costs are affected by routing, congestion, and the efficiency of flight operations.

Airport charges and competition

Airport infrastructure is often characterised by limited capacity and significant investment requirements. Regulation (EC) No 1008/2008 operates alongside Directive 2009/12/EC on airport charges.

The Directive establishes principles concerning consultation between airports and airlines, transparency, and non-discrimination in the setting of airport charges at covered airports.

Competition law also applies to airports, airlines, and related service providers. Articles 101 and 102 TFEU may be relevant where agreements restrict competition or an undertaking abuses a dominant position.

State aid rules are equally important. Public financing of airports, airlines, and infrastructure must comply with the relevant provisions of Articles 107–109 TFEU unless a lawful exemption or compatibility basis applies.

Aviation and environmental regulation

Aviation contributes to greenhouse gas emissions and other environmental pressures. EU law therefore addresses aviation through emissions trading, sustainable aviation fuel requirements, aircraft standards, and related measures.

The aviation sector has been included in the EU Emissions Trading System (EU ETS) since 2012. Directive 2003/87/EC, as amended, governs the system and its application to aviation.

The scope of the EU ETS for aviation has been adjusted over time, particularly in relation to flights within the European Economic Area and certain international routes.

Regulation (EU) 2023/2405, known as the ReFuelEU Aviation Regulation, establishes requirements for the supply and use of sustainable aviation fuels at covered EU airports. It introduces progressively increasing minimum shares of sustainable aviation fuels and synthetic aviation fuels.

The purpose is to stimulate the development of lower-emission aviation fuels while creating a predictable regulatory framework for fuel suppliers and airlines.

The implementation of these requirements raises questions concerning fuel availability, certification, cost allocation, and the development of production capacity. The legal framework seeks to accelerate the transition without treating all alternative fuels as environmentally equivalent.

5. European Railway Law

Rail transport is central to the Union’s objectives of sustainable mobility, territorial cohesion, and the reduction of transport emissions. It is also a sector in which national systems have historically developed different technical standards, operating practices, and infrastructure arrangements.

The objective of EU railway law is to establish a single European railway area in which railway undertakings can operate across borders under common safety, technical, and market-access rules.

The railway packages

Between 2001 and 2016, the EU adopted four legislative packages designed to progressively liberalise railway markets and harmonise national systems.

The Fourth Railway Package is particularly important because it addressed both technical interoperability and market opening.

Its technical pillar includes:

• Regulation (EU) 2016/796 establishing the European Union Agency for Railways.
• Directive (EU) 2016/797 on the interoperability of the rail system.
• Directive (EU) 2016/798 on railway safety.

Its market pillar includes measures concerning the opening of domestic passenger rail markets, public service obligations, and the governance of railway infrastructure.

Market access and infrastructure management

Directive 2012/34/EU establishes a single European railway area and provides the principal framework for access to railway infrastructure and services.

It requires transparent and non-discriminatory access arrangements for railway undertakings and establishes rules concerning infrastructure management, charging, capacity allocation, and regulatory oversight.

The separation between infrastructure management and railway operations is important. Infrastructure managers must allocate capacity and impose charges according to the applicable legal framework, without unjustifiably favouring particular railway undertakings.

The Regulation does not require every railway system to adopt identical ownership structures. However, it imposes safeguards intended to ensure that essential infrastructure services are provided fairly and transparently.

Public service obligations

Not all passenger rail services are commercially viable. Regional and local routes may be essential for accessibility, employment, education, and territorial cohesion even where ticket revenue does not cover operating costs.

Regulation (EC) No 1370/2007 governs public passenger transport services by rail and road.

It allows competent authorities to award public service contracts and provide compensation for the fulfilment of public service obligations, subject to the applicable conditions.

The Regulation seeks to reconcile the provision of socially necessary transport services with transparency, competition, and safeguards against excessive compensation.

Interoperability and technical standards

Railway interoperability concerns the ability of trains and railway systems to operate across national networks without unnecessary technical barriers.

Historically, Member States developed different signalling systems, track gauges, electrical systems, safety procedures, and operating standards. These differences made international rail services more complicated and expensive.

Directive (EU) 2016/797 establishes the legal framework for interoperability, including technical specifications for interoperability (TSIs).

The TSIs establish common technical requirements for relevant subsystems and components. They address areas such as infrastructure, energy, rolling stock, control-command and signalling, and operational matters.

The European Rail Traffic Management System (ERTMS) is a major component of this process. It seeks to harmonise railway signalling and train-control systems, facilitating cross-border operation and improving safety.

Railway safety

Directive (EU) 2016/798 establishes common railway safety requirements. It addresses safety management systems, safety certification, national safety authorities, and the supervision of railway undertakings and infrastructure managers.

Railway undertakings must establish safety management systems appropriate to their activities. National authorities supervise compliance, while ERA supports common standards and coordination.

The system is designed to ensure that the opening of the railway market does not undermine safety.

Rail capacity and cross-border services

The allocation of railway capacity is a significant practical challenge. National networks may have different timetables, operating priorities, technical constraints, and infrastructure-management systems.

In November 2025, the Council and Parliament reached a provisional agreement on a new framework to harmonise and simplify railway capacity management. The reform seeks to improve the planning and allocation of train paths across national borders.

Its purpose is to make international rail services more reliable and to facilitate the development of cross-border passenger and freight operations. The precise legal obligations depend on the final legislative text and its application timetable.

6. European Maritime Transport Law

Maritime transport is essential to the Union’s international trade and internal market. European ports connect the Union with global shipping routes, while short-sea shipping and inland waterways contribute to the movement of goods within Europe.

Maritime law is shaped by a combination of EU legislation and international conventions adopted through the International Maritime Organization (IMO) and other international bodies.

The EU framework addresses market access, port services, maritime safety, pollution prevention, vessel monitoring, seafarer conditions, and passenger rights.

Access to maritime transport services

Regulation (EEC) No 4055/86 applies the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries.

It prevents unjustified restrictions on the provision of maritime transport services by eligible Community shipowners and operators.

Regulation (EEC) No 3577/92 applies the principle of freedom to provide services to maritime cabotage within Member States.

Maritime cabotage concerns the transport of passengers or goods by sea between ports situated within the same Member State. The Regulation opened national maritime markets to eligible shipowners established in Member States, subject to the conditions and transitional arrangements contained in the legislation.

This liberalisation is intended to encourage competition while allowing Member States to maintain certain public service obligations and safeguard essential maritime connections.

Port services and infrastructure

Regulation (EU) 2017/352 establishes a framework for the provision of port services and common rules on the financial transparency of ports.

It addresses access to the market for port services, financial transparency, and consultation with port users.

Port services include activities such as cargo handling, passenger services, mooring, towage, and other functions necessary for the operation of maritime transport.

The Regulation does not fully harmonise the institutional organisation of European ports. Instead, it establishes common principles intended to improve transparency, competition, and the functioning of the port services market.

Maritime safety

EU maritime safety legislation incorporates and supplements international standards.

Directive 2009/16/EC on port State control provides for inspections of foreign ships calling at EU ports. The purpose is to verify compliance with relevant international and EU safety, environmental, and labour standards.

Directive 2009/18/EC establishes the framework for the investigation of accidents in maritime transport. As with aviation accident investigation, the primary purpose is to identify causes and improve safety rather than determine civil or criminal liability.

Regulation (EC) No 725/2004 addresses ship and port facility security, implementing relevant international security requirements.

EMSA supports the implementation of these rules through technical assistance, inspections, information systems, and maritime surveillance services.

Maritime pollution and environmental regulation

Shipping produces greenhouse gas emissions, air pollutants, and risks of marine pollution. EU law has progressively strengthened environmental requirements for vessels and maritime operators.

The EU Emissions Trading System was extended to maritime transport from 1 January 2024. Shipping companies covered by the system must monitor and report relevant emissions and surrender allowances in accordance with the applicable phase-in requirements.

The inclusion of maritime transport is governed by amendments to Directive 2003/87/EC and related legislation.

Regulation (EU) 2023/1805, known as the FuelEU Maritime Regulation, establishes progressively stricter limits on the greenhouse gas intensity of energy used on board covered ships calling at EU ports.

The Regulation applies from 1 January 2025 and is designed to encourage the use of renewable and low-carbon fuels, shore-side electricity, and other solutions capable of reducing the climate impact of shipping.

The framework is technologically neutral within the limits of its sustainability and emissions requirements. It does not prescribe a single fuel for all vessels but establishes performance obligations that influence investment and operational decisions.

Maritime environmental regulation also includes rules concerning ship-source pollution, waste reception facilities, and the prevention of accidental and operational discharges.

7. Road Transport and Inland Waterways

Although this article concentrates on aviation, railways, and maritime transport, road transport and inland waterways remain important components of the common transport policy.

Road transport is governed by a broad body of EU legislation concerning market access, vehicle standards, road safety, driving and rest periods, professional qualifications, and environmental performance.

Regulation (EC) No 1072/2009 establishes common rules for access to the international road haulage market, while Regulation (EC) No 1073/2009 governs access to the international market for coach and bus services.

Regulation (EC) No 561/2006 establishes rules on driving times, breaks, and rest periods for certain road transport operations. These requirements are intended to improve road safety and protect drivers against excessive working hours.

The Mobility Package adopted in 2020 introduced significant amendments concerning road haulage, cabotage, posting of drivers, and driving and rest periods.

The road sector is also subject to vehicle emissions standards and the Alternative Fuels Infrastructure Regulation (EU) 2023/1804. The latter establishes requirements for the deployment of alternative fuels infrastructure, including publicly accessible charging and refuelling facilities.

Inland waterways are governed by EU legislation concerning market access, technical standards, safety, and infrastructure. They are particularly relevant to freight transport in regions connected by major river systems such as the Rhine and Danube.

8. Passenger Rights Across Transport Modes

Passenger protection is one of the most visible aspects of EU transport law. The Union has established sector-specific rights for air, rail, maritime, and bus and coach passengers.

The common principles include non-discrimination, access to information, assistance during disruptions, compensation in specified circumstances, and protection for persons with disabilities or reduced mobility.

However, the precise rights differ according to the transport mode and the applicable legislation. A passenger delayed on a flight does not necessarily have the same remedies as a passenger delayed on a train or ship.

The Commission’s Passenger Rights framework provides an overview of the relevant legislation and enforcement arrangements.

Air passenger rights

Regulation (EC) No 261/2004 establishes common rules on compensation and assistance in cases of denied boarding, cancellation, and long delay.

It generally applies to passengers departing from an airport located in an EU Member State and to passengers arriving in the EU from a third country where the operating air carrier is an EU carrier, subject to the Regulation’s detailed conditions.

The Regulation provides for assistance, reimbursement or rerouting, and compensation in specified circumstances.

For qualifying cancellations, passengers must generally be offered the choice between reimbursement and rerouting. During qualifying waiting periods, airlines may also be required to provide meals, refreshments, accommodation, and transport between the airport and accommodation.

Compensation under the established framework is generally:

• €250 for flights of 1,500 kilometres or less.
• €400 for intra-Community flights over 1,500 kilometres and other flights between 1,500 and 3,500 kilometres.
• €600 for other flights exceeding 3,500 kilometres.

These amounts and the relevant conditions must be read together with the Regulation and the case law of the Court of Justice.

Compensation is not automatically payable for every delay or cancellation. The Regulation provides for an extraordinary-circumstances defence where the airline demonstrates that the disruption was caused by circumstances that could not have been avoided even if all reasonable measures had been taken.

The Court of Justice has interpreted this defence in several important cases. In Wallentin-Hermann v Alitalia, Case C-549/07, the Court examined the meaning of extraordinary circumstances in relation to technical problems. In Sturgeon and Others, Joined Cases C-402/07 and C-432/07, it recognised compensation rights for passengers arriving at their final destination with a delay of three hours or more, subject to the applicable conditions. In Nelson and Others, Joined Cases C-581/10 and C-629/10, the Court confirmed this interpretation.

The airline’s obligation to provide care is distinct from the right to compensation. Even where extraordinary circumstances exclude compensation, the obligation to provide assistance may continue to apply.

The 2026 reform of air passenger rights

Regulation (EU) 2026/2202, published in the Official Journal on 2 October 2026, amends Regulation 261/2004 and Regulation 2027/97 on air carrier liability.

The reform introduces changes concerning compensation, assistance, information, rerouting, extraordinary circumstances, and the treatment of passengers with particular needs. It also addresses the prohibition of refusing boarding on a return flight merely because a passenger did not use the outbound flight, and requires greater fare transparency, including information about a piece of hand baggage.

The Regulation entered into force in October 2026, but its principal new passenger-rights provisions are subject to a delayed application period of 12 months and 20 days after publication. Accordingly, the established Regulation 261/2004 framework remains the practical reference during the transition, and the new provisions should be applied from their specified application date rather than treated as immediately operative for every journey.

This distinction is important for legal analysis and passenger claims: adoption, entry into force, and application are separate legal events.

Rail passenger rights

Regulation (EU) 2021/782 on rail passengers’ rights and obligations has applied since 7 June 2023.

It establishes rights concerning information, non-discrimination, liability, assistance, compensation, and the protection of passengers with disabilities or reduced mobility.

Where a passenger’s arrival at the final destination is delayed, the Regulation provides for compensation calculated by reference to the ticket price:

• 25% of the ticket price for a delay of 60 to 119 minutes.
• 50% of the ticket price for a delay of 120 minutes or more.

The Regulation also provides for reimbursement or rerouting in specified circumstances, including where a delay at departure of at least 60 minutes is expected.

Where the railway undertaking fails to provide information about available rerouting options within the prescribed period, passengers may, subject to the Regulation’s conditions, arrange alternative public transport and seek reimbursement of necessary, appropriate, and reasonable costs.

Railway undertakings must also provide assistance during qualifying disruptions, including meals and refreshments where reasonably available, and accommodation where an overnight stay becomes necessary and can reasonably be provided.

The Regulation recognises the importance of through-tickets and connections, although its precise protections depend on the ticketing arrangement and the circumstances of the journey.

Maritime passenger rights

Regulation (EU) No 1177/2010 establishes rights for passengers travelling by sea and inland waterways.

It applies to specified passenger services and cruises, subject to its territorial and other conditions.

Where a service is cancelled or departure is delayed beyond the thresholds established by the Regulation, passengers may be entitled to reimbursement or rerouting. Assistance may include refreshments, meals, and, where necessary, accommodation, subject to the statutory limitations and exceptions.

For qualifying delays in arrival, compensation is calculated as a percentage of the ticket price and depends on the scheduled duration of the journey and the length of the delay.

The Regulation also protects persons with disabilities and reduced mobility. Carriers and terminal operators must not refuse transport solely on the ground of disability or reduced mobility, except where justified by applicable safety requirements or the design of the vessel or infrastructure.

Bus and coach passenger rights

Regulation (EU) No 181/2011 governs the rights of passengers travelling by bus and coach.

It establishes rules concerning non-discrimination, information, assistance, compensation in specified circumstances, and the protection of persons with disabilities or reduced mobility.

Its application varies according to the length and nature of the service. Some provisions apply more broadly, while certain compensation and assistance rights are restricted to regular services meeting the Regulation’s distance and territorial requirements.

For qualifying long-distance services, passengers may have rights to reimbursement or rerouting following cancellation or overbooking, as well as assistance in specified circumstances.

9. Passengers with Disabilities and Reduced Mobility

Accessibility is a cross-cutting principle of EU passenger rights legislation.

The relevant Regulations establish obligations intended to ensure that persons with disabilities and persons with reduced mobility can access transport services without discrimination.

The legal framework covers assistance at airports, railway stations, ports, and bus terminals, subject to the applicable sector-specific rules.

Transport operators and terminal managers must provide assistance within the limits and procedures established by the legislation. Passengers may be required to give advance notification of their assistance needs, but the notification requirement must not become an unjustified barrier to travel.

In aviation, Regulation (EC) No 1107/2006 concerns the rights of disabled persons and persons with reduced mobility when travelling by air. It prohibits refusal of carriage on disability grounds except in specified circumstances and requires assistance at airports and on board aircraft.

For rail travel, Regulation (EU) 2021/782 establishes assistance obligations and safeguards concerning accessibility and non-discrimination.

Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011 provide comparable protections for maritime and bus and coach passengers.

The framework also addresses damage to mobility equipment and the responsibilities of carriers. Such equipment may be essential to a passenger’s independence, and its loss or damage can have consequences beyond the ordinary loss of baggage.

10. Multimodal Transport and the Challenge of One Journey

Modern journeys frequently combine several modes of transport. A passenger may travel by train to an airport, continue by air, and complete the journey by bus or ferry.

The legal difficulty is that transport rights have traditionally been organised around individual contracts and transport modes. A passenger holding separate tickets may have fewer protections when a delay in one service causes the loss of a connection in another.

The EU has increasingly recognised this gap.

The Commission’s 2023 proposal on passenger rights in the context of multimodal journeys seeks to establish specific protections for journeys combining different modes under relevant booking arrangements.

In May 2026, the Commission also presented proposals intended to improve rail ticketing and facilitate the purchase of cross-border and connecting journeys. The policy objective is to make it easier to combine transport modes and to ensure that passengers receive clear information about connections and available remedies.

A separate 2026 legislative process addressed the enforcement of passenger rights across transport modes. The European Parliament adopted its first-reading position on 20 October 2026. The proposal concerns improved information, complaint handling, and enforcement, including the treatment of refunds for flights purchased through intermediaries.

At the time of this article, these initiatives must be distinguished from legislation already applicable. A Commission proposal, a political agreement, a Parliament first-reading position, and an enacted Regulation are different stages in the EU legislative process.

The broader legal objective is to move towards a more coherent system in which passengers can understand their rights across the entire journey rather than having to navigate several unrelated regulatory regimes.

11. Transport, Climate Policy, and Sustainable Mobility

Transport is a major source of greenhouse gas emissions in the European economy. The EU’s climate policy therefore has substantial consequences for transport operators, infrastructure managers, vehicle manufacturers, airlines, shipping companies, and consumers.

The European Green Deal and the European Climate Law establish the broader framework for reducing emissions. Transport-specific legislation translates these objectives into obligations concerning fuels, vehicles, infrastructure, emissions trading, and operational standards.

The Fit for 55 legislative package includes several measures affecting transport, such as the extension of the EU ETS to maritime transport, the revised framework for aviation emissions, the ReFuelEU Aviation Regulation, FuelEU Maritime, and vehicle emissions legislation.

The Alternative Fuels Infrastructure Regulation (EU) 2023/1804 requires Member States to develop infrastructure for alternative fuels, including publicly accessible charging and refuelling facilities.

The objective is to reduce barriers to the deployment of lower-emission vehicles and support the development of a more sustainable transport system.

Rail and modal shift

Rail transport is often promoted as a lower-emission alternative to certain forms of road and air transport, particularly for passenger journeys and freight corridors where suitable infrastructure exists.

EU policy therefore seeks to improve railway capacity, interoperability, cross-border connections, and the reliability of international services.

Modal shift is not simply a matter of encouraging passengers to choose trains. It depends on travel time, frequency, ticketing, network connectivity, accessibility, and the ability of railways to compete with other transport modes.

Aviation and sustainable fuels

Aviation presents a more complex decarbonisation challenge because long-distance aircraft cannot readily rely on conventional electrification.

Sustainable aviation fuels are therefore an important part of the EU’s regulatory strategy. ReFuelEU Aviation establishes minimum supply requirements intended to increase the availability and use of qualifying sustainable fuels.

The framework also addresses synthetic aviation fuels, which may be produced using renewable electricity and other inputs meeting the applicable requirements.

The development of these fuels depends on production capacity, access to renewable energy, technological development, and certification systems.

Maritime decarbonisation

Shipping requires solutions adapted to the technical and operational characteristics of vessels and international routes.

FuelEU Maritime and the extension of the EU ETS to maritime transport are intended to encourage lower-emission fuels, energy efficiency, and the use of shore-side electricity where appropriate.

These measures operate alongside international rules adopted through the IMO, including the International Convention for the Prevention of Pollution from Ships (MARPOL).

The interaction between EU and international regulation is particularly important because ships frequently operate outside EU territorial waters and serve routes involving several jurisdictions.

12. Competition, Public Services, and State Aid in Transport

The liberalisation of transport markets does not remove the application of general EU competition law.

Articles 101 and 102 TFEU apply to undertakings operating in aviation, railways, maritime transport, and road transport. They prohibit anti-competitive agreements and abuses of dominant position.

Transport markets may raise particular competition concerns because of airport slots, port access, railway infrastructure, route concentration, network effects, and exclusive service arrangements.

Public authorities also play a significant role in financing transport infrastructure and services. Airports, railway networks, ports, and regional transport services may receive public support.

Such support must comply with the State aid rules in Articles 107–109 TFEU unless it falls within an applicable exemption or is otherwise compatible with the internal market.

Public service obligations are especially important in regional transport. Certain routes may be socially necessary despite being commercially unprofitable. Regulation 1370/2007 provides a framework for compensating public passenger transport services by rail and road.

The legal challenge is to ensure that public support genuinely compensates for public service obligations rather than conferring an unjustified economic advantage on selected operators.

13. Enforcement, Complaints, and Judicial Review

EU transport law is enforced through a combination of European institutions, national authorities, specialised agencies, and national courts.

The European Commission monitors the implementation of EU legislation and may initiate infringement proceedings under Articles 258–260 TFEU where a Member State fails to fulfil its obligations.

National authorities supervise transport operators, investigate breaches, and impose sanctions under national legislation implementing or enforcing EU rules.

Passenger-rights legislation generally requires Member States to designate national enforcement bodies. These bodies monitor compliance, investigate complaints, and ensure that carriers fulfil their obligations.

However, the enforcement structure differs between sectors. Aviation, rail, maritime, and road transport have their own institutional arrangements and complaint procedures.

A passenger should normally first submit a complaint to the carrier or relevant transport operator. If the response is unsatisfactory or the carrier fails to respond within the applicable period, the passenger may approach the competent national enforcement body or another designated dispute-resolution mechanism.

The Court of Justice of the European Union plays a central role in interpreting EU transport legislation. National courts may refer questions of interpretation under Article 267 TFEU.

Important CJEU decisions

The Court’s case law has shaped the practical meaning of passenger rights and the limits of transport regulation.

In Sturgeon and Others, Joined Cases C-402/07 and C-432/07, the Court recognised that passengers arriving at their final destination with a delay of at least three hours may be entitled to compensation under Regulation 261/2004, subject to the Regulation’s conditions.

In Wallentin-Hermann v Alitalia, Case C-549/07, the Court clarified the concept of extraordinary circumstances and rejected the proposition that ordinary technical problems automatically exempt airlines from compensation obligations.

In Nelson and Others, Joined Cases C-581/10 and C-629/10, the Court confirmed the interpretation of Regulation 261/2004 concerning long delays and compensation.

In Pešková and Peška v Travel Service, Case C-315/15, the Court considered the relationship between bird strikes, extraordinary circumstances, and the reasonable measures expected of an airline.

In Ruijssenaars and Others, Joined Cases C-145/15 and C-146/15, the Court examined the powers of national bodies responsible for enforcing air passenger rights.

These decisions illustrate the importance of judicial interpretation in ensuring that passenger-rights legislation is applied consistently across Member States.

14. The Future of European Transport Law

European transport law is moving towards a more integrated, sustainable, and passenger-oriented framework.

Three developments are particularly important.

First, the Union is continuing to strengthen cross-border infrastructure. The TEN-T Regulation provides a long-term framework for connecting national transport systems, while railway reforms seek to improve capacity allocation and international services.

Second, environmental regulation is increasingly shaping the commercial and technical organisation of transport. Aviation fuel requirements, maritime emissions rules, alternative-fuels infrastructure, and vehicle standards are changing investment decisions and operating models.

Third, passenger protection is developing beyond the traditional model of separate transport contracts. The growing importance of multimodal journeys, online intermediaries, and digital ticketing creates a need for clearer rules concerning information, refunds, connections, and responsibility for disruption.

Digitalisation also raises questions concerning automated transport systems, artificial intelligence, data protection, cybersecurity, and the liability of transport operators. These issues will increasingly interact with the general EU digital regulatory framework.

The central legal challenge is to maintain a functioning and competitive transport market while ensuring that technological change, environmental requirements, and infrastructure development do not weaken safety or passenger protection.

15. Key Takeaways

• Articles 90–100 TFEU establish the constitutional foundations of the EU common transport policy.
• Article 91 TFEU is the principal legal basis for many transport measures, while Article 100 distinguishes the Treaty treatment of rail, road, inland waterways, sea, and air transport.
• The European Commission, Parliament, Council, EASA, ERA, and EMSA perform complementary roles in transport regulation.
• Regulation (EU) 2024/1679 governs the Trans-European Transport Network, with completion stages for the core network in 2030, extended core network in 2040, and comprehensive network in 2050.
• Regulation (EC) No 1008/2008 establishes the framework for the internal aviation market.
• Regulation (EU) 2018/1139 establishes common civil aviation safety rules and the framework for EASA.
• Regulation (EU) 2024/2803 reforms the Single European Sky framework.
• Directive 2012/34/EU, the Fourth Railway Package, and related legislation establish the legal foundations of the single European railway area.
• Regulation (EEC) No 4055/86 and Regulation (EEC) No 3577/92 govern important aspects of maritime market access and cabotage.
• Regulation (EU) 2017/352 establishes a framework for port services.
• The EU Emissions Trading System applies to maritime transport from 2024, while FuelEU Maritime has applied since 2025.
• Passenger rights are governed by separate Regulations for air, rail, maritime, and bus and coach transport.
• Regulation (EU) 2026/2202 amends the air passenger-rights framework, but its new provisions have a delayed application date.
• EU law protects passengers with disabilities and reduced mobility through sector-specific accessibility and assistance obligations.
• Competition law, State aid rules, environmental assessment, and judicial review apply alongside sector-specific transport legislation.

16. Frequently Asked Questions

1. What is the main legal basis of EU transport law?

Articles 90–100 TFEU establish the common transport policy. Article 91 provides the principal legislative basis for many measures concerning market access, transport safety, and common rules.

2. Does the EU regulate all forms of transport under the same legislation?

No. The Union has developed separate legal frameworks for aviation, railways, maritime transport, road transport, and inland waterways. Common principles apply across the sectors, but the detailed rules reflect their different technical and operational characteristics.

3. What is the Trans-European Transport Network?

TEN-T is the EU framework for developing an integrated transport infrastructure connecting Member States and regions. It includes railways, roads, ports, airports, inland waterways, and multimodal terminals.

4. What is the difference between the core and comprehensive TEN-T networks?

The core network contains the most strategically important connections and is scheduled for completion by 2030. The comprehensive network is broader and is intended to connect all EU regions to the principal transport system by 2050. An intermediate extended core network has a 2040 deadline.

5. What is EASA?

The European Union Aviation Safety Agency is the specialised EU agency responsible for supporting common civil aviation safety and environmental standards. Its functions include technical regulation, certification, and oversight within its legal mandate.

6. What is the Single European Railway Area?

It is the EU framework intended to enable railway undertakings to operate across national borders under common rules concerning market access, safety, interoperability, and infrastructure use.

7. What is the purpose of the Fourth Railway Package?

The Fourth Railway Package seeks to complete the single European railway area by opening domestic passenger rail markets to competition, strengthening technical interoperability, and establishing common safety and regulatory arrangements.

8. What are the principal rights of air passengers under Regulation 261/2004?

Depending on the circumstances, passengers may be entitled to assistance, reimbursement, rerouting, and compensation in cases of denied boarding, cancellation, or long delay. Compensation is subject to the Regulation’s conditions and exceptions.

9. Does every flight delay entitle a passenger to compensation?

No. Compensation generally depends on the delay at the final destination, the applicable distance category, and the circumstances causing the disruption. Extraordinary circumstances may exclude compensation where the airline satisfies the legal test, although the duty to provide care may continue.

10. What changed under the 2026 air passenger-rights reform?

Regulation (EU) 2026/2202 amends the existing framework, including provisions concerning compensation, assistance, rerouting, fare transparency, baggage information, and passengers with particular needs. Its new provisions have a delayed application period and should not be confused with the rules already applicable during the transition.

11. Are rail passengers entitled to compensation for delays?

Yes. Under Regulation (EU) 2021/782, qualifying delays may entitle passengers to compensation of 25% of the ticket price for delays of 60–119 minutes and 50% for delays of 120 minutes or more, subject to the Regulation’s conditions and exceptions.

12. Does EU law protect passengers travelling by ship?

Yes. Regulation (EU) No 1177/2010 establishes rights concerning cancellation, delay, reimbursement, assistance, compensation, information, and accessibility for qualifying maritime and inland waterway passenger services.

13. Are persons with disabilities protected under EU transport law?

Yes. EU legislation establishes rights to non-discriminatory access and assistance for persons with disabilities and reduced mobility across air, rail, maritime, and bus and coach transport.

14. Does EU law regulate international shipping?

Yes, although the framework combines EU legislation with international conventions and standards. EU rules address port access, maritime safety, pollution prevention, emissions, and passenger rights, while international instruments such as those adopted by the IMO remain important.

15. Can a passenger complain directly to the European Commission?

Passengers generally begin by complaining to the carrier and, where necessary, the competent national enforcement body or dispute-resolution mechanism. The Commission supervises the implementation of EU law but does not ordinarily determine individual passenger compensation claims.

Conclusion

European Union transport law is a complex system of market regulation, technical harmonisation, infrastructure planning, environmental obligations, and passenger protection. Its development reflects the recognition that the free movement of people and goods requires more than the removal of national barriers. It requires interoperable networks, reliable services, common safety standards, effective regulatory institutions, and enforceable rights.

Aviation has developed into a highly integrated market governed by common rules on licensing, safety, air traffic management, and passenger compensation. Rail transport has undergone a gradual process of market opening and technical harmonisation, while maritime law combines European market regulation with international safety and environmental standards. Road transport and inland waterways complete the wider system.

The passenger-rights framework is particularly significant because it translates the principles of the internal market into protections that individuals can exercise when travelling. The development of multimodal travel and digital booking systems is likely to require further legal coordination, especially where a journey involves several carriers and transport modes.

At the same time, environmental objectives are transforming transport regulation. Sustainable aviation fuels, maritime emissions obligations, alternative-fuels infrastructure, railway investment, and the development of the TEN-T network demonstrate that the Union increasingly treats transport infrastructure and market regulation as instruments of its broader climate and economic policy.

The defining feature of European transport law is therefore its attempt to integrate a diverse collection of national and international transport systems into a coherent legal framework. Its effectiveness depends not only on the adoption of common rules but also on their consistent implementation, adequate infrastructure, effective enforcement, and the ability of transport services to meet the needs of passengers, businesses, and society.

Primary Legal Sources and Further Reading

Treaty provisions

• Articles 90–100 TFEU – Transport
• Articles 170–172 TFEU – Trans-European networks

General transport policy and infrastructure

• Regulation (EU) 2024/1679 – Trans-European Transport Network
• Regulation (EU) 2021/1153 – Connecting Europe Facility
• Regulation (EU) 2023/1804 – Alternative Fuels Infrastructure

Aviation

• Regulation (EC) No 1008/2008 – Common Rules for the Operation of Air Services
• Regulation (EU) 2018/1139 – Common Rules in the Field of Civil Aviation
• Regulation (EU) 2024/2803 – Single European Sky Reform
• Regulation (EC) No 261/2004 – Air Passenger Rights
• Regulation (EU) 2026/2202 – Reform of Air Passenger Rights
• Regulation (EC) No 1107/2006 – Rights of Disabled Persons and Persons with Reduced Mobility in Air Transport
• Regulation (EU) 2023/2405 – ReFuelEU Aviation

Railways

• Directive 2012/34/EU – Establishing a Single European Railway Area
• Regulation (EU) 2016/796 – European Union Agency for Railways
• Directive (EU) 2016/797 – Interoperability of the Rail System
• Directive (EU) 2016/798 – Railway Safety
• Regulation (EU) 2021/782 – Rail Passengers’ Rights and Obligations
• Regulation (EC) No 1370/2007 – Public Passenger Transport Services by Rail and by Road

Maritime transport

• Regulation (EEC) No 4055/86 – Freedom to Provide Services in Maritime Transport
• Regulation (EEC) No 3577/92 – Maritime Cabotage
• Regulation (EU) 2017/352 – Port Services
• Regulation (EC) No 1406/2002 – European Maritime Safety Agency
• Regulation (EU) No 1177/2010 – Rights of Passengers Travelling by Sea and Inland Waterway
• Regulation (EU) 2023/1805 – FuelEU Maritime

Road transport and inland waterways

• Regulation (EC) No 1072/2009 – International Road Haulage Market
• Regulation (EC) No 1073/2009 – International Coach and Bus Services
• Regulation (EC) No 561/2006 – Driving Times and Rest Periods
• Regulation (EU) No 181/2011 – Bus and Coach Passenger Rights

Environmental and market regulation

• Directive 2003/87/EC – EU Emissions Trading System
• Regulation (EU) 2023/1805 – FuelEU Maritime
• Regulation (EU) 2023/2405 – ReFuelEU Aviation

European institutions and agencies

• European Commission – Mobility and Transport
• European Union Aviation Safety Agency (EASA)
• European Union Agency for Railways (ERA)
• European Maritime Safety Agency (EMSA)
• Court of Justice of the European Union – CURIA