SUMMARIES OF SELECTED STATEMENTS
The Ombudsman stated that there was no authority under the Act on Private
Communal Roads to exempt the municipality – as the owner of the public
path running along the private communal road – from contributing to the
costs. Under the then current section 50(1) of the Act on Private Communal
Roads, owners of ‘public roads’ were not to contribute to the costs, but there
was no basis for applying this rule to public paths.
The Ombudsman also stated that there was no authority under the Act for
a decision that the private property owner whose property bordered on the
public path in addition to the private communal road was to pay a reduced
contribution. Under the then current section 50(6) of the Act, appropriately
reduced contributions were to be calculated in respect of properties which also
bordered on a ‘public road’. However, there was also no basis for applying this
rule to public paths.
The Ombudsman recommended that the Danish Road Directorate make a
new decision on the sharing of costs in the specific case. Further, the Ombudsman recommended that in future, the Directorate interpret the legislation
on roads in line with the Ombudsman’s conception of the law and that in this
connection, the Directorate consider whether there might be cause to reopen
some of the recent cases which had been decided on the basis of its existing
interpretation.
2017-22. Compensation for delayed flight
A man complained to the Ombudsman because the Danish Transport and
Construction Agency (now the Danish Transport, Construction and Housing
Authority) had made a decision that he was not entitled to compensation for a
delayed flight from New York to Copenhagen. The delay had been caused by
illness of a crew member. The Agency had referred to the provision in Article
5(3) of EU Regulation No. 261/2004, which establishes common rules on,
among other things, compensation to airline passengers in the event of cancellations or long delays of flights.
In accordance with the Regulation and case law of the European Court of
Justice, airline passengers are entitled to compensation if a flight is cancelled
or if they arrive at their final destination three hours or more after the time of
arrival originally planned by the air carrier.
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