As the vacation season approaches and travel takes off again, air passenger rights in Europe are at the heart of a discussion that could well transform the rules of the game, potentially to the detriment of travelers. Ten consumer associations, including theUFC Que Choisir and the CLCVare sounding the alarm over a proposed revision of the European regulation on passenger rights, fearing "major setbacks" under pressure from the airline lobby.
Current air traffic rights
At present, the European regulation 261/2004adopted over 20 years ago, offers protection to travelers departing from a European Union country. This regulation provides compensation for any flight cancelled under non-extraordinary conditions or delayed by more than 3 hours.
The amount of this compensation depends on the distance of the flight:
- 250 euros for flights of less than 1,500 kilometers,
- 400 euros for flights between 1,500 and 3,500 kilometers,
- 600 euros for flights over 3,500 kilometers.
In theory, this compensation, and any refund, is due automatically, without the consumer having to expressly notify us.
Despite this protection, few consumers actually benefit from it due to a lack of awareness (one passenger in 2 in France, one in 3 in Europe).
Last year, passengers departing from France were delayed by more than 7 million minutes. 20% of departures were delayed by more than 15 minutes, and 1% of flights were cancelled.
The reform project and its higher compensation thresholds
It is precisely this policy of compensation that is targeted by the draft revision, pushed in particular by the Polish Presidency of the Council of the EU and the lobby. Airlines for Europe. The changes envisaged would considerably modify the thresholds for triggering rights and the amounts in certain cases.
Under the proposal under discussion, the time limits for claiming compensation would be significantly increased and fragmented according to distance:
- The compensation threshold would be raised from 3 hours to 5 hours minimum for flights of less than 3,500 kilometers, with compensation of 250 euros (or even 300 euros according to some sources). Another source mentions 250 euros for flights under 3,500 kilometers, with no delay threshold associated with this lowest amount.
- For a delay of 9 a.m.The compensation would be 400 euros for flights within the EU of less than 3,500 kilometers, and for extra-EU flights between 3,500 and 6,000 kilometers.
- Finally, a delay in 12 hours on an extra-EU flight of over 6,000 kilometers would entitle you to compensation of 600 euros.
In addition to these thresholds, the company lobby is pushing for more precise definition of "non-extraordinary circumstances A clear list must be drawn up to avoid disputes. Currently not precisely defined, exceptional circumstances can include weather problems, health crises or air traffic controller strikes.
Finally, a major change would concern the procedure: it would involve imposing a proactive approach consumers to claim compensation within 6 months of the incident.
Significant consequences for travellers
Consumer associations are categorical: these changes would exclude a large proportion of passengers from their right to compensation.
They believe that 75% of passengers would be excluded of the right to compensation, as most flight delays are between 2 and 4 hours, i.e. below the proposed new thresholds.
THE European Consumer Centre in Spain puts the figure even higher, estimating that 85% passengers currently eligible could lose this right.
For the associations, such a text would put in place a form of "The "premium for poor quality for airlines. They consider these "major setbacks" to be all the more unacceptable given that airlines are currently making record profits. Maintaining current protection would be an essential signal for consumer confidence.
Sector specialists such as Anaïs Escudiéfounder of the RetardVol website, point out that the current compensation amounts have not been updated for over 20 years, and do not take inflation into account. They call for compensation amounts to be updated, at the very least by increasing them, in line with the principles of the Montreal Convention, which calls for them to be updated every 5 years.
| The reform under discussion does not only concern delays. The EU also wants to clarify the issue of baggage. One proposal is to make it compulsory to carry a free hand luggage if it fits under the seat. However, this measure has been described as a "false" step forward, as most airlines already include this type of small baggage free of charge. The EU also wants to harmonize cabin baggage sizes larger (not exceeding 55x40x20 cm and 10 kg). Nevertheless, this luggage could remain paying if the airline so wishes. This issue is all the more controversial as citizens' groups have filed a complaint against several low-cost airlines for charging for cabin baggage, deeming these practices illegal. Carry-on baggage fees represent a very lucrative business revenue for carriers, bringing in over 10 billion euros for European airlines last year, according to a survey. |
However, a few concessions have been made for passengers In the event of delays or cancellations, airlines would have to inform passengers immediately and offer assistance. A 3-hour limit would also be set for waiting in the aircraft on the tarmac. The new regulation would also provide additional rights for disabled passengers, pregnant women and children.
The draft new rules, which have already been approved by representatives of the 27 EU countries, are to be submitted to the European Parliament. Member States to vote at EU Council meeting on June 5. It will then be submitted to the European Parliament for a vote. If adopted, it could come into force in autumn 2025 or early 2026.
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