Business aircraft operators can seek reimbursement of penalties imposed on them by Polish authorities following a landmark legal victory over passenger name record requirements. On Friday, aviation law firm JMK Legal won a case in the Supreme Administrative Court of Poland, which overturned a lower court ruling against an unnamed operator and annulled a fine imposed in that case.
The European Business Aviation Association (EBAA) said it welcomed the victory, explaining that Poland’s Border Guard has been incorrectly applying the European Directive 2016/681's requirements for airlines and other operators to provide authorities with passenger details for security profiling. Polish officials have unilaterally imposed fines for alleged breaches based on their own criteria, apparently to generate revenues for the government.
The ruling, according to EBAA, requires Polish officials to respect the 2016/681 directive and the supporting C-817/19 judgment by the Court of Justice of the European Union. Multiple member operators from the Brussels-based association have been heavily fined and they are now expected to be able to get these penalties reversed.
EBAA contested the case in partnership with airline groups A4E, IATA, and ERA. “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 EBAA secretary general Holger Krahmer. “This victory is a testament to the collective efforts and support from our members and the broader business aviation community.”