We feel that the problem stems from how the regulations are worded. They leaves a lot of room for interpretation by air carriers. When something happens, they are the ones who decide what category they fall into, on whether it's up to them to take action or not, and whether the incident raises safety issues in their opinion. That's where the whole problem lies.
It's neither the compensation nor the amounts to be refunded that are the problem, because these are provided for in the regulations. On the other hand, we have seen that the air carriers tend to interpret the already rather vague provisions in the regulations in a matter that is beneficial to them, in order not to have to compensate people. It's really an internal conflict of interest.