Prawa osób z niepełnosprawnościami oraz osób o ograniczonej sprawności ruchowej w podróży lotniczej – kilka uwag o rozporządzeniu (WE) nr 1107/2006 oraz o realizacji jego przepisów w Polsce

Abstrakt

The article examines the legal and practical aspects of protecting the rights of persons with disabilities and persons with reduced mobility using air transport in light of Regulation (EC) No 1107/2006. This regulation constitutes a significant breakthrough in the implementation of the principle of non-discrimination by ensuring the accessibility of air transport services for passengers with special needs. Its personal scope extends beyond individuals with formally recognised disabilities to include travellers whose individual characteristics may temporarily or permanently hinder their ability to use air transport independently. Given the increasing mobility of this group of passengers, the primary aim of the article is to assess the significance and effectiveness of Regulation No 1107/2006, as well as to identify challenges related to its practical application.

The first part of the article outlines the legal situation of passengers with special needs prior to the entry into force of Regulation No 1107/2006. It then analyses the core normative solutions introduced by the regulation, including its objectives, the personal scope, passenger guarantees, and the obligations imposed on air carriers and managing bodies of airports. Particular emphasis is placed on evaluating the practical functioning of these mechanisms.

The final part discusses selected issues related to the application of the regulation in Poland, thereby providing a broader perspective on its operation within the national context of a Member State.

The study employs doctrinal legal, comparative, and logical-linguistic research methods. It is based on binding EU and Polish law, relevant academic literature, and key non-normative documents, which was justified given the limited body of case law in the analysed field.