EU Considers Slashing Flight Delay Compensation—What Travelers Need to Know
A proposed EU overhaul of flight delay compensation rules could strip 75 to 85 % of passengers of their right to reimbursement, raising new thresholds and shifting costs further onto travelers.
As Europe’s holiday season approaches and air travel rebounds, passengers face a looming rollback in their rights that could fundamentally alter the balance between travelers and airlines. Ten consumer advocacy groups, including UFC-Que Choisir and CLCV, are sounding the alarm over a draft revision of the EU regulation on passenger rights, warning of “major setbacks” under pressure from airline lobby groups.
Current EU passenger protections
Since 2004, EU Regulation 261/2004 has guaranteed compensation to air travelers departing from EU airports when flights are canceled without extraordinary cause or arrive three or more hours late. Compensation amounts rise with distance:
€250 for flights under 1,500 km
€400 for flights between 1,500 and 3,500 km
€600 for flights over 3,500 km
In principle, the reimbursement and compensation are automatic, requiring no formal claim from passengers. Despite this protection, surveys show that only about one in two travelers in France and one in three across Europe ever pursue compensation, often due to lack of awareness.
Last year, flights departing France tallied over 7 million minutes of delay. One in five departures was delayed by more than 15 minutes, and 1 % of flights were canceled.
Proposed reform: higher thresholds, lower liability
The incoming changes, spearheaded by Poland’s current EU Council presidency and the lobby group Airlines for Europe, would significantly tighten the criteria for passengers to qualify for compensation. Among the draft rules:
Minimum delay required to claim compensation rises from 3 hours to 5 hours for flights under 3,500 km; compensation would drop to as low as €250 or, according to some sources, €300.
Delays of 9 hours would trigger €400 compensation on intra-EU flights under 3,500 km and on extra-EU flights between 3,500 and 6,000 km.
Delays on extra-EU routes of more than 6,000 km would qualify for €600 only at 12 hours late.
Additionally, carriers want an explicit list of “extraordinary circumstances” that excuse non-payment. While currently left vague, such situations can include severe weather, pandemics or air-traffic-controller strikes.
A major procedural change would require passengers to initiate claims proactively within six months—a first under EU 261.
What this means for travelers
Consumer groups warn that up to 85 % of eligible passengers would lose their claim rights under the new thresholds, given that most delays fall between two and four hours. The European Consumer Centre in Spain estimates that 85 % of currently covered passengers could fall outside the new scope.
Without updated compensation amounts since 2004 and no inflation adjustment for over two decades, NGOs say the reform would effectively reward airlines for poor performance. Passenger advocates also note that carriers are enjoying record profits—underscoring the need to keep protections strong.
Experts like Anaïs Escudié, founder of the compensation portal RetardVol, argue the sums should be adjusted in line with the Montreal Convention’s five-yearly reviews.
Alongside delays, the EU is weighing clarification on baggage. Airlines may be required to allow a small free cabin bag that fits under a seat—though many already do so. The Commission also proposes standardizing the size of larger cabin bags (no more than 55×40×20 cm and 10 kg), while still permitting carriers to charge for them. Consumer groups have sued multiple low-cost carriers over these fees, calling them illegal. Hand-luggage charges brought European airlines more than €10 billion in ancillary revenue last year alone, according to an industry inquiry. |
Avenues remain open for passengers: carriers will have to inform travelers without delay and offer assistance. Maximum tarmac waits would also be capped at three hours. The revised rules would also enhance protections for disabled passengers, pregnant women and unaccompanied minors.
The proposal—already backed by EU ambassadors—goes to a vote of member-state ministers in the EU Council on 5 June. It then moves to the European Parliament. If adopted, the revised regulation could enter force as early as autumn 2025 or early 2026.