This groundbreaking case, the first PNR case ever heard in Poland, sets a precedent that will shape future jurisprudence in the country. The case was brought forward by an air carrier in the business aviation sector, which was administratively fined by the Border Guard for allegedly violating the PNR Law. However, the Supreme Administrative Court reversed the judgment of the lower court and annulled the decision imposing the fine, aligning its ruling with the provisions of the European Directive 2016/681 (PNR Directive) and the judgment of the Court of Justice of the European Union (CJEU), ref. C-817/19.

The Court’s decision underscores that penalties imposed on air carriers cannot be automatically applied and highlights the need for legislative changes to harmonize national laws with European principles. This ruling is the first final judgment by a Polish court on this matter and is expected to influence subsequent cases significantly.

“We have been working on this issue for a long time, and this ruling is great news for our members. It demonstrates the power of having a collective voice in Europe and underscores the importance of our ongoing advocacy efforts. This victory highlights the strength and unity of the business aviation community in Europe” said Robert Baltus, Chief Operations Officer of EBAA.

Holger Krahmer, EBAA Secretary General added “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,”.  “This victory is a testament to the collective efforts and support from our members and the broader business aviation community.” He continued.

EBAA remains committed to advocating for the rights and interests of business aviation operators across Europe and will continue to support efforts to ensure fair and just application of aviation laws and regulations. We thank our partners: A4E, IATA, and ERA for collaborating with us and our members.