New EU261 Proposal Could Cut Flight Delay Compensations
A proposal from 2013 to re-think the guidelines of EU261 has recently been brought up to the agenda of the European Commission. Amongst other changes, the proposed amendment seeks to change one of the core protections under Regulation (EC) No 261/2004: the right to compensation after a flight delay of 3 hours. Under the proposed revision, passengers would only be eligible for compensation after a delay of 5 hours or more.
While the aim may be to reduce pressure on airlines and encourage broader reforms in aviation, this shift would come at a significant cost—directly affecting millions of travellers across Europe and setting a precedent that may ripple beyond the EU.
What’s at Stake for Passengers?
Under current rules, air passengers are entitled to compensation when their flight is delayed by more than 3 hours, as long as the disruption is within the airline’s control. This compensation helps offset the inconvenience and often substantial expenses caused by such delays.
By raising the minimum delay time to 5 hours, a substantial portion of passengers would lose their eligibility for compensation altogether. The European Consumer Organization (BEUC) has found around 85% of passengers would lose their claim for compensation if the threshold is increased to 5 hours.
Their findings align with ours, as the majority of the passengers we've helped claim their compensation have experienced a flight delay between 2 and 4 hours.
This change would not only affect travellers financially, but it would also undermine the principle of accountability in the airline industry. If airlines are no longer responsible for compensating passengers for delays under five hours, the incentive to improve punctuality may weaken.
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EU 261 Changes: The Bigger Picture
On the other hand, some airline associations argue that the current compensation rules place an unsustainable financial burden on carriers. The International Air Transport Association (IATA) claims that compensation costs airlines around €5 billion annually.
However, this must be weighed against the record-breaking profits reported by many airlines in the post-COVID period.
At the same time, APRA has put forward alternative proposals for reform—such as increasing the maximum compensation amounts to reflect inflation and rising ticket prices over the past two decades.
BEUC calls for a revision of EU261 aiming to balance a consumer-centric approach and rightful accountability for air carriers. In their proposal, the European Consumer Organization, proposes a revision which includes better enforcement of the law, better liability rules for passengers and clearer list of extraordinary circumstances for flight compensation.
Flight Reform Is Needed, But Not at the Expense of Passengers
It’s clear that the aviation sector needs modernization. Airlines are under immense strain from growing passenger volumes, rising operational costs, and increasing environmental pressure.
Airlines 4 Europe explains that the increase to 5 hours would give more room for improvement to airlines and supports the idea of a more definitive wording of the regulation. There is merit in rethinking how disruptions are handled and how compensation frameworks function.
However, real reform should aim to reduce flight delays and cancellations at their source—not to lower the standards for when compensation is owed. Better infrastructure, investment in staffing, improved air traffic control systems, and smarter scheduling can all contribute to a more reliable travel experience without undermining consumer protections.
Broader Implications of EU261 Changes
The EU has long been seen as a global leader in protecting air passenger rights. If it accepts this amendment, it could signal to other regions—such as the UK, the Balkans, and Turkey, where similar regulatory frameworks are in place—that weakening passenger protections is politically and economically justifiable.
Such a move would mark a retreat from the EU’s consumer-first approach and could slow global progress toward strengthening air travel rights.
What Happens Next: The Legislative Process
The proposed amendment was first raised in 2013 but was tabled until late 2024. The European Commission has explained that they’re looking to make a decision on it this year.
It’s important to understand that while the European Commission may endorse this amendment, it does not mean it will automatically become law.
The procedure for adopting a new EU regulation is lengthy, involves several readings and requires a green light from both the EU Council and the European Parliament. This collaborative process ensures that both the European Parliament and the Council of the EU have equal say in the adoption of legislation, reflecting the interests of EU citizens and member states. It is not clear yet what is the position of the EU Council and the European Parliament.
Consumer advocacy groups, including the Association of Passenger Rights Advocates (APRA), have already called the proposal “outrageous” and are urging lawmakers to reject it.
BEUC explains that, while improving some issues in EU261, this reform “sharply diminishes EU Passenger rights” as many flyers will lose their compensation. Reducing those rights—especially when more travellers than ever rely on affordable and reliable air travel—sends the wrong message.
The coming months will be crucial. The European Parliament’s decision will ultimately determine whether the EU maintains its leadership in air passenger rights—or begins to backslide.
Related articles:
EU261: Your passenger rights and compensation eligibility
What is The Time Limit for Claiming Flight Delay Compensation?