Changes to Flight Compensation Claims Come 2026
Starting February 2026, stricter rules will make it harder to claim flight compensation in the EU. Mediation will be mandatory, deadlines tighten, and mass claims limited. Here’s what travelers need to know.
En 2026, demander le remboursement d’un vol deviendra bien plus compliqué en Europe. Un décret publié on 7 August 2025—and coming into force six months later—reshapes how passengers seek compensation for denied boarding, cancellations, or long delays under EU Regulation 261/2004.
The new civil procedure, effective from 7 February 2026, as confirmed in the official journal, prioritises extrajudicial resolution to cut back on courtroom disputes.
Key players include national courts, airlines, lawyers, and the French consumer mediator—the Médiateur du Tourisme et du Voyage (MTV).
Mandatory Mediation First
The biggest shift: travelers must now undergo a compulsory pre-court mediation if they want to pursue compensation. The goal is settling claims without litigation wherever possible.
https://www.youtube.com/watch?v=cEcwf0xbAXI
How the new process works:
Court cases automatically rejected: Failing to attempt mediation first will make a passenger’s claim legally inadmissible. Courts must dismiss claims without merit.
Correct body to approach: Air-traffic disputes go to the MTV. Access: free and digital.
Two-step before mediation: Before contacting the MTV, passengers must first send a written complaint directly to the airline (email or mail). The MTV can only be approached if the airline refuses the claim or fails to respond within two months.
One-year deadline: From the date of your initial complaint to the airline, you have twelve months to file a formal mediation request.
Air-traffic complaints now funnel to the Médiateur du Tourisme et du Voyage.
When mediation is not required
Mediation is waved in several cases:
Your initial complaint with the airline was filed before 7 August 2025 (date the decree was published).
The incident giving rise to your claim occurred at least four years before the decree enters into force (before 7 February 2022).
You can demonstrate a legitimate reason—e.g., you were unable to meet the one-year window or the MTV was unavailable, preventing resolution within six months.
Streamlined Court Rules
If mediation fails or is ruled out, court proceedings are tightly regulated to curb mass filings.
Key restrictions:
Claims on summons only: Plaintiffs must now serve a formal summons; simple written claims no longer accepted.
Only family members allowed to join claims: Any court summons must name either one individual passenger or multiple passengers from the same flight who belong to the same family.
The decree spells out family ties eligible for joint filings: direct ascendant or collateral relative up to the fourth degree (cousins are included), spouses, pacsés (civil union partners), and unmarried partners living together. This curbs group-level collective appeals from unrelated claimants.
Given tighter procedural rules—especially mandatory mediation and strict limits on joint claims—using a dedicated service can save time. Flightright, our partner, handles the full claims process (including pre-court mediation and, if needed, court summons), ensuring compliance with new deadlines and formats during 2025. |