Fewer Passengers to Get EU Flight Compensation

The European Council has voted to increase the delay threshold required for flight compensation, effectively reducing air passenger rights. Under the proposed changes to Regulation (EC) No 261/2004, passengers would only be eligible for compensation after a minimum delay of 4 hours, up from the current 3-hour threshold.

Considering that in 2024 alone, more than 287 million passengers across Europe were affected by delays or cancellations, diminishing compensation rights runs counter to the principles of consumer protection.

 

The New Proposal

On Thursday, the European Council voted on a proposal to amend EU261—the cornerstone legislation protecting air passenger rights in Europe.

Under the proposed changes, air passengers would only be eligible for compensation after delays of more than 4 hours for intra-EU flights and flights under 3,500 km. For longer journeys, passengers would be entitled to compensation only if the delay exceeds 6 hours.

Given the current threshold of 3 hours, these changes would significantly impact consumers, as far fewer passengers would qualify for compensation.

This move follows a proposal from the European Commission earlier this year to increase the threshold to 5 hours, which was met with strong criticism from consumer protection groups and air passenger rights advocates.

Another significant change is the reduction in compensation amounts. For flights over 3,500 km, the compensation would decrease from €600 to €500. Passengers on shorter flights would receive €300, compared to the current range of €250 to €400. These reductions come at a time of growing inflation and rising travel costs, which makes the proposal feel misaligned with the growing financial pressures passengers are already facing.

 

How will the changes affect Air Passengers?

Currently, between 70% and 80% of flight delays fall between 3 and 4 hours. Raising the eligibility threshold to 4 hours for shorter flights and 6 hours for longer flights would exclude a substantial number of passengers from compensation.

Ivaylo Danailov, CEO of SkyRefund, commented:

Most passengers would lose compensation rights under the proposed EU Council changes. So far, the EU has been the global leader in introducing and protecting air passenger rights, with countries like Brazil, Canada, the UK, and those in the ECAA adopting similar standards. Weakening these protections now is a very dangerous step that risks eroding years of progress and public trust in the EU at a critical time.

These amendments would not only weaken the rights of European consumers but also set a troubling precedent for air travel policies worldwide.

Consumer protection agencies and air passenger rights groups have voiced strong concerns. Increasing the delay threshold would result in significantly fewer passengers being eligible for compensation.

BEUC, the European consumer organization, noted that the reform "sharply diminishes EU Passenger rights," leaving many travellers without recourse. Reducing these rights—especially at a time when more people than ever rely on affordable and reliable air travel—sends the wrong message

Next steps: European Parliament vote

Amending EU261 has long been on the agenda of European regulators, but this is the first time the Council has adopted a legally binding position. The vote was let by Poland, currently holding the Council's presidency, and supported by smaller European countries. Germany and Spain opposed the decision, together with Slovenia and Portugal. 

The proposal has faced backlash from members of the European Parliament. As with all EU legislation, new rules must go through several readings and require approval from both the Council and the European Parliament.

“Passenger rights are of such crucial importance for European citizens that they need a proper discussion involving the European Parliament, civil society, industry, and everyone concerned,” said Jens Gieseke, EPP spokesperson for transport and tourism.

While the European Council has taken a position, the proposal does not automatically become law. The European Parliament now has four months to present its own proposal, which must be supported by a majority of MEPs.

The coming months will be critical. The European Parliament’s response will ultimately determine whether the EU continues to lead in air passenger rights—or starts to retreat from its role as a global standard-bearer.

 

Related articles:

EU261: Your passenger rights and compensation eligibility

New EU261 Proposal Could Cut Flight Delay Compensations

Airlines Oppose Australia Flight Delay Compensation Plan