Flight problem in Portugal: how to complain to ANAC, and what the regulator can and cannot do

Passengers whose flight from a Portuguese airport was cancelled, heavily delayed or overbooked must first complain to the operating airline, not to the regulator. Portugal's civil aviation authority, ANAC, only comes in after that first stage, according to its own guidance on submitting a complaint.

ANAC enforces EU Regulation 261/2004 on denied boarding, cancellation and long delay, and Regulation 1107/2006 on passengers with disabilities or reduced mobility. Its remit covers flights departing from Portuguese airports and flights arriving in Portugal from non-EU countries when operated by Community carriers. A case can be referred to ANAC if the airline has not replied within six weeks of receiving the complaint, or if its reply is unsatisfactory.

The EU complaint form can be submitted online through ANAC's digital form service or by post, together with the complaint sent to the airline, the airline's reply and a copy of the reservation. Complaints may be submitted in Portuguese or English. ANAC says the form must only be used for denied boarding, downgrading, cancellation or long delay; for baggage, ticket or reservation problems, passengers should go to the airline first and then to the European Consumer Centres.

ANAC is clear about its limits. It investigates infringements, opens proceedings and can apply penalties, but its power to impose penalties does not include determining compensation or refunds due to passengers. Those can be pursued through extrajudicial dispute resolution or the courts.

Before writing, keep the booking, boarding documents and every exchange with the airline: ANAC states that it cannot process a complaint with incomplete data.